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No. 37 ] Labour Code [ 2006.

SAINT LUCIA______

No. 37 of 2006

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1. Short title and commencement

2. Interpretation

3. Application

4. Non-contracting clause

5. Conflict between this Code and any other enactment

PART II

FUNDAMENTAL PRINCIPLES OF EMPLOYMENT

6. Prohibition against forced labour

7. General prohibition against discrimination

8. Protection of freedom of association

9. Direct complaint to the Tribunal

PART III

TERMS AND CONDITIONS OF CONTINUED EMPLOYMENT

DIVISION 1

Contracts of Employment

10. Application

11. Interpretation

12. Types of contract

13. Particulars of written contract and content of contract

14. Request for written particulars

15. Delivery of contract

16. Fines for false particulars and contraventions

17. Amendment of contract

18. Capacity to contract

19. Exemptions

20. Family members

21. Assumption of a contract for an indefinite period

22. Existing contracts to continue in force



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DIVISION 2Continuity of Employment

23. Duration of continuity of employment

24. Continuous employment for seasonal employees

25. Successor employer

DIVISION 3

Hours of Work

26. Interpretation

27. Duration of working week

28. Weekly rest

29. Maximum ordinary work day30. Split shifts and occasional shifts

31. Meal intervals

32. Overtime

33. Prohibition of work on public holidays

34. Pay for public holidays for daily paid workers

35. Employees may opt to perform night work

36. Reasonable alternative for discontinuing night work

37. Power to make Regulations

DIVISION 4

Wages38. Wages to be paid in legal tender

39. Agreements as to place and manner of spending wages

40. Payment of wages by cheque

41. Wages to be paid directly to employees

42. Employee’s right to recover

43. Pay periods

44. Employer to fix pay days

45. Wages to be paid on completion of contract

46. Wages to be paid on termination of contract

47. Interest on advances prohibited

48. Advances by way of loans

49. Recovery of advances and excess in payment of wages

50. Payment of outstanding balance advances and excess in payment of wages

51. Deductions of payment in respect of fines restricted

52. Deductions for obtaining employment prohibited



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53. Deductions authorized in certain cases54. Saving as to judgement debts

55. Agreements of cooperation

56. Remuneration other than wages

57. Wages not to be paid on certain premises

58. Sale of goods or services by employer to employees

59. Special provision for service charges, share of profits or commission

60. Employees in the employment of contractors

61. Limitations on attachments or seizure of wages

62. Wages to be priority debt

63. Employers to issue details of wage payments

64. Offences under this Division 65. Repayment of wages

66. Regulations

67. Deduction for provident or pension funds

DIVISION 5

Minimum Wages

68. Fixing of minimum wage

69. Establishment and composition of Minimum and Equal Wages Commission

70. Appointment and resignation

71. Remuneration of members

72. Assignment of staff

73. Functions of Commission

74. Procedure

75. Power to summon

76. Minister to refer to Commission

77. Invitations for comments and objections

78. Objection

79. Recommendation or advise by Commission

80. Matters for consideration in proposing a minimum wage

81. Advice of Commission

82. Effect of Minimum Wage Order

83. Saving of existing level of wages

84. Records

85. Powers of inspection

86. Authorization for Commission to obtain information

87. Recovery of wages



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88. Offences in relation to this Division 89. Application

DIVISION 6

Sick Leave and Benefits

90. Sick pay

91. Uncertified sick leave pay

92. Certified sick leave

93. Employer’s obligation toward sick pay

94. Determination of medical matters

DIVISION 7Vacation Leave

95. Interpretation

96. General entitlement to vacation leave

97. Amount of vacation leave with pay

98. Existing rights to vacation saved

99. Periods of vacation leave

100. Public holidays not to be counted

101. Employee not to be terminated during vacation leave

102. Exclusions from vacation leave

103. Employee not to be compelled to forego vacation leave

104. Proportionate vacation leave105. Vacation leave pay upon termination

106. Vacation leave pay upon termination before qualifying period

107. Records

108. Complaints

DIVISION 8

Public Contracts

109. Interpretation

110. Provisions deemed to be included in public contracts

111. Established rates and conditions of employment

112. Labour Commissioner to set rates and conditions

113. Certificate of fair and reasonable conditions

114. Disputes on remuneration

115. Accounts

116. Sub-contractors



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117. Withholding payments118. Information

119. Default in payments

120. Posting of conditions of work

121. Prohibition on non-compliant contractors

DIVISION 9

Employment of Children and Young Persons

122. Prohibition of child labour

123. Medical certificate of fitness

124. Register of children and young persons

125. False certificates126. Regulations for the employment of young persons

127. Penalties for child and young person labour

DIVISION 10

Termination of Employment

128. Non-application

129. Valid reason for dismissal

130. Probationary period

131. Unfair dismissal

132. Constructive dismissal

133. Summary dismissal for serious misconduct 134. Entitlement to wages on summary dismissal

135. Warnings and termination for misconduct

136. Unsatisfactory performance

137. Dismissal where unsatisfactory performance is due to the natural aging process

138. Dismissal for lack of qualifications or skills

139. Dismissal for fundamental breach of contract

140. Natural justice safeguards

141. Options to suspend or warn in lieu of dismissal

142. Suspension with pay

143. Dismissal for reason of incapacity or abuse of sick leave

144. Remuneration due upon dismissal

145. Termination due to redundancy

146. Constructive redundancy

147. Effect of sale

148. Lay-offs and suspensions









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249. Application to the State250. Notification of other accidents

251. Power of Minister to make Regulations

252. Presumption of employment

253. Offences

254. Special rules for making complaints

255. Power of the Department of Labour to require returns

DIVISION 4

DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS

256. Duties of employers at construction sites

257. General duties of employers258. Duty to pregnant workers

259. Reports and records

260. Duties of employees

261. Duties of owners at construction sites

262. Duties of suppliers

263. Refusal to work on safety and health grounds

264. Complaint for reckless or frivolous refusal to work

265. Threats and discrimination for compliance

PART V

EQUALITY OF OPPORTUNITY AND TREATMENT IN EMPLOYMENT

DIVISION 1

Discrimination

266. Interpretation

267. Definition and prohibited grounds of discrimination

268. Prohibition on discrimination against applicant and employees

269. Exceptions in respect of bona fide occupational qualifications

270. Equal remuneration

271. Temporary measures to promote equality

272. Sexual harassment

273. Particular profession or trade

274. Burden of proof for section 273275. Qualifying bodies

276. Vocational training bodies

277. Employment agencies

278. Discrimination by subterfuge



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279. Advertisement 280. Applications forms

281. Mechanism to determine work of equal value

282. Exception for charities

283. Exception for religious bodies

DIVISION 2

Pregnancy and Maternity Benefits and Protection

284. Interpretation

285. Prohibition against discrimination on grounds of pregnancy

286. Marital status

287. Rights of pregnant employees288. Duration of maternity leave

289. Maternity leave without pay

290. Exercise of right of return

291. Postponement of return

292. Higher maternity benefits

293. Record of female employees

294. Maternity leave in addition to vacation leave and sick leave

295. Remedies in relation to maternity leave entitlement

296. Burden of proof

297. Inducements and threats

298. Victimization

299. Burden of proof in respect of discrimination cases300. Burden of proof exceptions

301. Remedies

302. Direct complaint to the Tribunal

PART VI

RECRUITMENT OF EMPLOYEES FOR OVERSEAS EMPLOYMENT AND WORK PERMIT

DIVISION 1

Recruiting

303. Interpretation and application

304. Restriction on recruitment of children and young persons

305. Licensing of employment 306. Application for employment agent’s licence

307. Issuance of employment agent’s licence

308. Revocation or suspension of employment agent’s licence

309. Appeal against revocation or suspension



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310. Demand for production of licence311. Offence of failure to produce licence

312. False representation

313. Investigation of conditions of recruiters

314. Report on conditions of recruiters

315. Power to make Regulations

DIVISION 2

Work Permit

316. Interpretation

317. Control of employment

318. Application for and grant of work permit

319. Appointment of authorised persons320. Production of work permit

321. Minister to vary or cancel work permit

322. Power to grant exemptions

323. Offences and penalties

PART VII

TRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

DIVISION 1

Rights to Association

324. Interpretation

325. Non-application 326. Basic employee rights

327. Protection against discrimination and threats

328. Protection of trade union from employer interference

329. Basic employer rights

330. Interference with individual’s freedom of association

331. Membership of trade unions and employers’ organizations

332. Federations

333. Remedies

334. Registrar

335. Registration

336. Disqualification from office

337. Objection to registration

338. Existing registration

339. Fees

340. Constitution



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341. Alterations in constitution or name342. Annual return to Registrar

343. Suspension and cancellation of registration

344. Appeals for refusal to register

345. Defunct organization

346. Legal status, immunity from civil suits and restraint of trade

347. Amalgamation

348. Compliance with constitution

349. Powers of discipline and expulsion

350. Improper election practices

351. Deposit and safeguard of funds

352. Accounting353. Offences

354. Provision for review

DIVISION 2

Recognition of the Rights to Bargaining and Representation


356. Interpretation

357. Application procedures

358. Certification particulars

359. Appropriateness of bargaining unit

360. Employers’ recognition

361. Certification following employer recognition and refusal to recognise where onetrade union applies

362. Certification by poll majority

363. Employer duties in conduct of poll

364. Penalty for breach of section 363

365. Restrictions in conduct of poll

366. Employee duties in conduct of poll

367. Grant or refusal of certification 368. Effect of certification and compulsory recognition and duty to negotiate in good

faith

369. Closing or restructuring of undertaking

370. New collective agreement

371. Revocation of exclusive bargaining rights

372. Right to appeal

373. Right to choose representative

374. Access to employer’s premises



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375. Appropriate time for trade union representatives376. Offence of refusing to meet to bargain in good faith

377. Meaning of “to bargain collectively”

DIVISION 3

Collective Agreements

378. Collective agreements

379. Enforceability of collective agreements

380. Successor rights and obligations

381. Regulations

PART VIII

PRINCIPLES AND PROCEDURES IN INDUSTRIAL RELATIONS AND INDUSTRIAL DISPUTES

DIVISION 1

Settlement of Trade Disputes


383. Freedom to engage in industrial action

384. Peaceful picketing

385. Effect of strike on contract of employment

386. Employee not entitled to remuneration during strike

387. Trade disputes to be reported to Labour Commissioner

388. Referral of trade dispute to the Tribunal with consent

389. Conciliation procedures to be exhausted

390. Minister to attempt mediation

DIVISION 2

Regulation of Disputes in the Essential Services

391. Dispute Procedure

392. Prohibition of lockouts, strikes and industrial action

393. Employer to post copy of section on premises

394. Endangering life and property

395. Permission from Attorney General for prosecutions

396. Duty of Minister to take measures for the preservation of essential services

397. Services declared essential services

398. Minimum service in some sectors

399. Power of Minister to make Regulations



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DIVISION 3 Disputes Resolution by Labour Department

400. Department of Labour

401. Officers of the Department of Labour and appointment

402. Responsibilities of the Labour Commissioner

403. Power of Labour Commissioner to institute proceedings

404. Proceedings instituted by Labour Commissioner upon complaint

405. Labour Commissioner to hold informal inquiries

406. Power of the Labour Commissioner to summon witnesses

407. Powers of labour officers

408. Immunity of labour officers

409. Duty of confidentiality410. Individual complaints

411. Individual disputes

412. Procedure for individual disputes by Labour Commissioner

413. Evidence and arguments

414. Witnesses and documents

415. Time limit for determination

416. Time limit for review

417. Decision of Labour Commissioner to be final and binding

418. Impartiality of Labour Commissioner

419. Powers of Labour Commissioner to recommend remedies

420. Recommended remedy

421. Refusal to abide by decision

422. Obstruction of Labour Commissioner’s hearing

423. Interpretation of decisions

DIVISION 4

The Labour Tribunal

424. Establishment of Labour Tribunal

425. Composition of Tribunal

426. Sittings of Tribunal

427. Remuneration of Members

428. Appointment of officers and committees

429. Tribunal to regulate its own procedure

430. Vacancies in the Tribunal

431. Powers of Tribunal

432. Power to the Tribunal to hear mattersex parte



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433. Orders declaring rights and imposing duties434. Orders or awards of the Tribunal for trade disputes

435. Order may be retroactive

436. Binding effect of orders on relevant persons

437. Tribunal may sit in private

438. Appearance of counsel and presentation of evidence

439. Attendance of public or media

440. Appointment of experts

441. Failure to attend

442. Awards

443. Award binding and not to conflict with Code

444. Interpretation of decision of the Tribunal445. Publication of award

446. Majority vote

447. Decision to be in writing

448. Decision not to be questioned

449. Order of Court

450. Decision to be filed in Court

451. Regulations

PART IX

MISCELLANEOUS

452. General offences against administration

453. Obstructing, assaulting or threatening labour officers

454. Penalty for disobedience of summons

455. Complaint to court after internal remedies exhausted

456. Time limits for proceedings and prosecutions

457. Power of court to order contravention to be remedied

458. Offences by corporate bodies

459. Proceeding in tort and criminal proceedings

460. Service and sending of documents

461. General power of the Minister to make Regulations

462. Repeal

463. Savings

464. Power to amend Schedules465. General penalty

466. Ticketable offences



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FIRST SCHEDULESECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

TENTH SCHEDULE



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I ASSENT

[L.S.] PEARLETTE LOUISY,Governor-General.

16th November, 2006.

SAINT LUCIA————

No. 37 of 2006

AN ACT to consolidate and reform legislation applicable to labour andindustrial relations in Saint Lucia taking into account existing localstandards and international labour law standards and to provide forrelated matters.

[ ON ORDER ]

BE IT ENACTED by the Queen’s Most Excellent Majesty, by andwith the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as follows :



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PART IPRELIMINARY

Short title and commencement

1.— (1) This Code may be cited as the Labour Code 2006.

(2) This Code shall come into force on a date to be fixed by theMinister by Order published in the Gazette, and the Minister may fixdifferent dates for the commencement of different sections or parts of this Code.

Interpretation

2. In this Code —

“Advisory Council” means the Advisory Council on OccupationalSafety and Health established pursuant to section 184;

“AIDS” means Acquired Immune Deficiency Syndrome;

“air receiver” includes —

(a) any vessel, other than a pipe or coil, or an accessory,fitting or part of a compressor, for containing compressedair and connected with an air compressing plant;

(b) any fixed vessel for containing compressed air orcompressed exhaust gases and used for the purpose of

starting an internal combustion engine;(c) any fixed or portable vessel, not being part of a spraying

pistol, used for the purpose of spraying by means of compressed air, any paint, varnish, lacquer or similarmaterial; or

(d ) any vessel in which liquid is stored and from which it isforced by compressed air;

“authorised officer” means —

(a) in the case of Part IV the Chief Occupational Safety andHealth Officer or an occupational safety and health officer;

(b) in the case of work permits, a labour officer; or(c) in any other case, any officer authorised by the Minister

under this Code;



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“bargaining agent” means a trade union which acts on behalf of employees;

“bargaining unit” means a group or category of employees on whose behalf collective bargaining may take place;

“biological agent” includes bacteria, viruses, fungi, rickettsia,chlamydia and other parasites;

“bodily injury” includes injury to health;

“business” includes any trade, undertaking, establishment orprofession, including any activity carried on by a body of persons, whether corporate or unincorporated, involvingthe employment of workers or employees;

“certified trade union” means a trade union certified as a bargaining agent for a bargaining unit pursuant to Division 2 of Part VII;

“Chairperson” means —

(a) in the case of the Commission, the Chairperson of theCommission appointed pursuant to section 69; or

(b) in the case of the Tribunal, the Chairperson of the Tribunalappointed pursuant to section 425;

“chemical” means a chemical element or compound, or a mixturethereof, whether natural or synthetic;

“Chief Medical Officer” means the person appointed by the PublicService Commission to be the Chief Medical Officer;

“Chief Fire Officer” means the person appointed by the PublicService Commission to be the Chief Fire Officer;

“child” means a person aged fifteen and under;

“collective agreement” means a written agreement between an employer, or an employers’ organization authorized by theemployer, and a trade union, concerning terms andconditions of employment, or any other matter of mutualinterest;

“Commission” means the Minimum and Equal WagesCommission established pursuant to section 69;

“committee” means a joint workplace safety and healthcommittee established pursuant to section 192;

“common law spouse” means a person of the opposite sex to thefirst-mentioned person who lives with the first-mentionedperson as a husband or wife of that person, as the case may





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“dependent contractor” means a person, whether or not employed under a contract of employment, who performs work orservices for another person for compensation or reward on such terms and conditions that he or she is in a position of economic dependence in relation to that person, and underan obligation to perform duties for that person more closelyresembling the relationship of employee than that of an independent contractor;

“Deputy Chairperson” means —

(a) in the case of the Commission, the Deputy Chairperson selected pursuant to section 69; or

(b) in the case of the Tribunal, the Deputy Chairperson of the Tribunal appointed pursuant to section 425;

“domestic worker” means a person employed for a wage in andabout a private dwelling house;

“driving belt” includes any driving strap, rope or chain;

“employee” means a person who offers his or her services undera contract of employment, whether written, oral or implied,including a managerial employee, a dependent contractor,an apprentice, a part-time employee, a casual worker, ahomeworker, a temporary worker, a seasonal employeeand a person who is remunerated by commission wherethat person is not an independent contractor and where

appropriate, a former employee;“employer” means any person or undertaking, firm, corporation,

company, public authority or body of persons who or whichemploys any person under a contract of employment or usesthe services of a dependent contractor, commission agent or a contract worker; and the heirs, successors, agentsand assigns of an employer, including any statutory person or body of persons;

“employers’ organization” means any organization established by employers, the principal purposes of which are therepresentation and promotion of the interests of employersand the regulation of relations between employers and

employees;“employment” includes —

(a) part time, temporary employment and performance of work under apprenticeship;



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(b) performance of work under a contract of employment;

(c) engagement as a commission agent;

(d ) engagement as a dependent contractor;

and “employed” shall be construed accordingly;

“employment agent” means any person who, whether for payment or not, assists persons in finding employment or assistsemployers in finding employees;

“essential service” means any service declared to be an essentialservice pursuant to section 397 and listed in the EighthSchedule;

“existing industrial establishment” means any industrialestablishment which is in operation on the date on whichthis Code comes into operation;

“factory” means any premises where or within the close oradjacent areas or precincts of which, steam, electric, wateror other mechanical or energy source is used in aid of anyindustrial or manufacturing process carried on therein;

“family member of an employee” includes the spouse, father,mother, grandfather, grandmother, son, daughter, brother,sister, and any person who is wholly or mainly maintained

by the employee;

“family member of an employer” includes the spouse, father,mother, grandfather, grandmother, son, daughter, brother,sister, who resides with the employer, and any person whois wholly or mainly maintained by the employer;

“fire officer” means a member of the Fire Service not belowthe rank of Station Officer;

“Fire Service” means the Fire Service established under theFire Service Act, Cap. 14.04;

“fume” includes gas, vapour or smoke;

“functions” includes powers, authorities and duties;

“hazardous biological agent” means any biological agent at an excessive level for which relevant information exists toindicate that the biological agent at this level is hazardous;

“hazardous chemical” means any chemical —



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(a) classified as hazardous by the Bureau of Standards; or(b) which has been classified as hazardous in accordance with

Article 6 of the International Labour Organization ChemicalsConvention, 1990 (No. 170), the text of which is set out in theNinth Schedule;or

(c) for which relevant information exists to indicate that thechemical is hazardous;

“hazardous physical agent” means any physical agent at an excessive level for which relevant information exists toindicate that the physical agent at this level is hazardous;

“hazardous substances” includes a substance or group of

substances which by virtue of chemical, physical ortoxicological properties, either singly or in combination, ishazardous to the safety or health of persons exposed to it;

“HIV” means Human Immune-deficiency Virus;

“homework” means the doing of any work, including the provision of services or the manufacture, preparation, improvement,repair, alteration, assembly or completion of any article orany part thereof by an employee for wages in his or herown home or premises of his or her choice, other than theworkplace of the employer and “homeworker” shall beconstrued accordingly;

“independent contractor” means a contractor who is not a

dependent contractor;

“industrial action” means any strike and lock-out and any action,including work to rule, picketing, sympathy strike andsecondary boycott, whether or not done in contemplation of, or in furtherance of a trade dispute by an employer or atrade union or other organization or by any number of employees or other persons to compel any employee, trade

union or other organization, employer or any other person,as the case may be, to agree to terms of employment, or tocomply with demands made by the employer or the trade

union or other organization or by those employees or otherpersons and includes action, whether or not in an essential

service, commonly known as a “sit-down strike”, “go-slow”, and “sick-out” or other action to prevent, hinder,interfere with or reduce the maintenance of an essentialservice or production of goods or provision of other services;



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“industrial establishment” —(a) includes a factory, shop, office, workplace, place of

business or undertaking carried on for gain and any buildingor other structure or premises appertaining thereto;

(b) does not include premises occupied for residential purposesonly;

“Labour Commissioner” means a person appointed to the officeof Labour Commissioner by the Public ServiceCommission;

“lawful trade union activity” means any activity carried out by atrade union which is not expressly or implicitly prohibited

under this Code or any other law in force in Saint Lucia;“lock-out” means the closing of a workplace, or the suspension

of work, or the refusal by an employer to continue to employany number of persons employed by him or her in consequence of a trade dispute, with a view to compellingpersons, or to aid another employer in compelling personsemployed by him or her, to accept terms or conditions of oraffecting employment;

“machinery” includes —

(a) stationary or portable boilers in an industrial establishment;

(b) steam or other engines in an industrial establishment;

(c) all apparatus or appliances for generating, developing,receiving or transforming, or for measuring or leasingthe volume, voltage, pressure or frequency of, or fordistributing or applying any mechanical, electric or naturalpower to any industrial or manufacturing process in an industrial establishment;

(d ) furnaces and fuel or storage tanks situate within, openinginto or attached to the structure of, or directly connectedwith, any industrial establishment;

(e) tractors, road rollers or other type of road locomotive;

( f ) marine boilers, steam receivers and air receivers on anyship or vessel which is not a foreign ship;

(g) vats, tanks, cooling or drying devices used for the storageof, or otherwise in connection with, the product of anymechanical process, and situated within or attached to thepremises within which such process is carried on;



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(h) any plant or apparatus used to generate, purify, mix, heat,or cool any fume, gas or vapour; and

(i) any driving belt;

“maintained” for the purposes of Part IV means maintained in an efficient state, in efficient working order and in goodrepair;

“major hazard installation” means an installation which produces,processes, handles, uses, disposes of or stores, eitherpermanently or temporarily, one or more hazardoussubstances or categories of substances in quantities whichexceed the threshold quantity as prescribed;

“managerial employee” means an employee who —(a) has authority, in the interest of the employer, to employ,

dismiss, suspend, lay-off, recall, transfer, reward ordiscipline other employees or to deal with their grievances,or effectively to recommend such action when the exerciseof such authority is not merely of a routine or clericalnature but requires independent judgement; or

(b) is involved in management meetings where budget issues,cut-backs including lay-offs, reports, negotiations andmanagement issues are discussed;

“manual labour” includes work ordinarily performed bymechanics, artisans, handicraftsmen, seamen, boatmen,transport workers, domestic workers and all labourers andany other similar work associated with such work, but doesnot include clerical work;

“marital status” means the status or condition of being —

(a) single;

(b) married;

(c) married but living separately and apart from one’s spouse;

(d ) divorced;

(e) the common law spouse of another person;

“medical committee” means the medical committee established under section 428;

“medical inspector” means any registered medical practitionerwho is designated as a medical inspector under section 186;

“medical practitioner” has the meaning assigned to it under theMedical Registration Act, Cap. 11.06;



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“mine” means any surface or underground site where any of thefollowing activities, take place —

(a) exploration of mineral resources that involves themechanical disturbance of the ground;

(b) the extraction of mineral resources;

(c) preparation, including crushing, grinding, concentration or washing of the extracted material;

(d ) any machinery, equipment, appliance, plant, building, orcivil engineering structure used in conjunction with anyactivity referred to in subparagraphs (a), (b) and (c);

“Minimum Wage Order” means a Minimum Wage Orderpublished pursuant to Division 5 of Part III;

“Minister” means the Minister responsible for Labour;

“minor” means a person under the age of eighteen years;

“National Insurance Board” means the National Insurance Boardestablished under section 5 of the National InsuranceCorporation Act;

“National Insurance Corporation Act” means the NationalInsurance Corporation Act, Cap. 16.01;

“national service” means a service performed or to be performed by a person selected by the Governor-General, PrimeMinster, any other Government Minister or a Permanent Secretary to represent Saint Lucia in any capacity eitherlocally or abroad;

“new industrial establishment” means an industrial establishment which first begins to operate at some time after the date on which this Code comes into operation;

“night work” means any work, including overtime work,performed between the hours of 11:00 p.m. and 6:00 a.m.;

“non-manual worker” means any person employed under acontract of employment who does not ordinarily performmanual labour;

“occupational disease” means a disease prescribed to be an occupational disease pursuant to the Regulations made undersection 251;



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“occupier” in relation to an industrial establishment means theperson who controls an industrial establishment and the work that is done there;

“organization” means an organization representative of employers or of employees as the case may be;

“out-worker” means a person to whom articles or materials aregiven to be made up, cleaned, washed, altered, ornamented,finished or repaired or adapted for sale or whose servicesare engaged in his or her own home or on other premisesnot under the control or management of the person whogave out the articles or materials;

“owner” means the person for the time being receiving the rent of the premises used as an industrial establishment, whetheron his or her own account or as agent, trustee, receiver,mortgagee for any other person, or who would so receivethe rent if the premises were let at a rent;

“pay day” means the pay day fixed for each employee pursuant to section 44;

“pay periods” means regular intervals for payment of employeesreferred to in section 43;

“picketing” means acting on a person’s own behalf or on behalf of a trade union or an individual employee in contemplation or in the furtherance of a trade dispute, or to attend at or

near a place where a person works or carries on businessmerely for the purpose of peacefully obtaining orcommunicating information, related to working conditionsor labour relations generally or of peacefully persuadingany person to work or abstain from working whether or not signs are carried or posted and whether or not literature is

being distributed;

“person employed” includes a person employed by theGovernment;

“person” includes a body corporate or an unincorporated body;

“physical agent” includes electromagnetic radiation, ionizingradiation, noise, vibration, heat, cold, humidity and

pressure;

“police officer” means a member of the Police;

“Police” means the Royal Saint Lucia Police Force establishedpursuant to the Police Act, Cap. 14.01;



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“power” means electrical energy and any other form of energywhich is mechanically transmitted and is not generated byhuman or animal energy;

“prescribed” means prescribed by the Regulations;

“principal” means —

(a) in relation to a commission agent, a person for whom work is done by that commission agent;

(b) in relation to a contract worker, a person for whom acontract worker performs work otherwise than under acontract of employment;

“probationary period” means a period that may be designated assuch during the twelve weeks following the date on whichthe employment of an employee by an employercommences, or such shorter or longer period of timefollowing that date as may be agreed upon between that employer and employee;

“protective services” includes the Royal Saint Lucia PoliceForce, the Port Police, the Fire Service and the CorrectionalServices;

“public duty” means a duty performed or to be performed by aperson appointed by the Governor-General, Prime Ministeror any other Government Minister, Official, agent or agencyin any capacity for a public purpose;

“recruit” means to procure, engage, hire, supply or undertakeor attempt to procure, engage, hire or supply workers forthe purpose of being employed by any person, enterprise ororganization, so long as the worker does not spontaneouslyoffer his or her services at the workplace;

“redundancy pay” means pay on grounds of a job being redundant;

“Registrar” means the Registrar of Trade Unions andEmployers’ Organizations appointed pursuant to section 334;

“Regulations” means Regulations made pursuant to this Code;

“remuneration” includes where applicable —

(a) wages in respect of labour performed or services renderedon scheduled work days and public holidays;

(b) cash value of any board or lodging provided by theemployer;



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(c) overtime payments;(d ) commissions;

(e) service charge;

( f ) bonuses;

(g) allowances of any kind;

(h) ex-gratia awards or superannuation;

(i) retirement benefits;

( j ) termination benefits;

(k ) notice pay;

(l ) severance pay;

(m) holiday pay;

“renewal” includes extension, and any reference to renewing acontract for a fixed term shall be construed accordingly;

“safety and health representative” means a safety and healthrepresentative selected under section 190;

“sanitary conveniences” includes urinals, water closets, orclosets, privies and any similar conveniences;

“seasonal employee” means an employee engaged in an occupation or industry in which it is customary to employsome employees only at certain periods of the year or an employee employed in an industry that is designated a

seasonal industry by the Minister;

“serious family responsibility” means responsibility in respect of a dependent family member that is urgent and seriousand which is unavoidable in the circumstances;

“severance pay” means pay which is attributable to length of service on termination;

“sexual harassment” means any unwanted conduct of a sexualnature in the workplace or in connection with theperformance of work which is threatened or imposed as acondition of employment on the employee or which createsa hostile working environment for the employee;

“ship”, “vessel” and “harbour” have the same meanings as arerespectively assigned to them in any law relating to shipping;

“shop” means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offeredfor sale or where services are offered for sale;



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“strike” means the cessation of work by a body of personsemployed, acting in combination, or a concerted refusal ora refusal under a common understanding of any number of persons employed, to continue to perform work for an employer in consequence of a dispute, as a means of compelling their employer or any person or body of personsemployed or to aid other employees in compelling theiremployer or any person or body of persons employed toaccept or not accept terms or conditions of or affectingemployment, but does not include action commonly known as a “sit-down strike” “go-slow”, “work-to-rule” or “sick-out”;

“Statutory Minimum Wage” means the minimum wage set in aMinimum Wage Order;

“supervisor” means a person who has charge of a workplace orsection of a workplace or who has authority over an employee;

“technical examiner” means a person who is designated as such under section 189;

“termination benefits” include redundancy pay, severance pay,compensation for unfair dismissal and other payments dueto an employee upon termination of his or her employment;

“threshold quantity” means for a given hazardous substance or

category of substances that quantity, as prescribed, whichif exceeded identifies a major hazard installation;

“ticket” means a ticket served pursuant to section 466;

“ticketable offence” means a summary offence prescribed to bea ticketable offence pursuant to section 466;

“trade dispute” means any dispute between an employer and an employee of that employer or trade union on behalf of suchemployees, connected with the dismissal, employment,suspension from employment, re-employment or re-engagement of any such employees, including a dispute asto the terms of the employment of or the conditions of labourof any employees;

“trade union” means any combination of persons, whethertemporary or permanent, the principal purposes of whichare the representation and promotion of workers’ interestsand the regulation of relations between employees and



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employers, or a federation of trade unions, but does not include an organization or association that is dominated orinfluenced by an employer or an employers’ organization;

“Tribunal” means the Labour Tribunal established under section 424;

“wages” means all payments including allowances payable to an employee in respect of work done or to be done under hisor her contract of employment or contract of service,advances or loans but does not include —

(a) the value of any board or lodging, supply of light, water,medical attention or other amenities supplied at the soleexpense of the employer;

(b) overtime payments;

(c) commissions;

(d ) service charge;

(e) bonuses;

( f ) allowances of any kind;

(g) ex-gratia awards or superannuation;

(h) retirement benefits;

(i) termination benefits;

( j ) notice pay;(k ) severance pay;

(l ) holiday pay;

(m) any contribution paid by the employer on his or her own account to any pension or provident fund or scheme;

(n) any travelling allowance or the value of any travellingconcession;

(o) any sum paid to the employee to defray special expensesincurred by him or her by the nature of his or heremployment; or

( p) any gratuity payable on discharge or retirement from theservice of the employer;

“woman” means a female person who has attained the age of eighteen years or more;



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“work related disease” means a condition that results fromexposure of an employee in a workplace to a chemical,physical agent, or biological agent to the extent that thenormal psychological or physiological mechanisms of suchemployee is affected and his or her health is impairedthereby;

“work permit” means a permit in writing issued under this Code by the Minister authorising a person to engage in an occupation;

“workplace” means any industrial establishment or place orpremises where a worker needs to be or go by reason of hisor her work and which is under the direct or indirect control

of the employer;“young person” means a person who is over the age of fifteen

years but who has not attained the age of eighteen years.

Application

3.— (1) Subject to subsection (2) and except where otherwiseexpressly excluded, this Code applies to all employees includingdomestic workers, homeworkers and people employed at allworkplaces.

(2) This Code shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Code.

(3) Division 1 of Part V binds the Crown.

(4) The benefits and protections granted under this Code shall not be denied to employees merely because such employees arehomeworkers where such employees are employed under contractsof employment.

Non-contracting clause

4. Any provision in any agreement or established custom that seeks to exclude or in any way limit the operation of any provision of this Code shall be void, except where such provision or custom seeks

to provide greater or higher benefits than those set out under this Code.Conflict between this Code and any other enactment

5. Where there is a conflict between any provision of this Codeand any provision in any enactment not specifically repealed by this



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Code, the applicable provision of this Code, as of its effective date,shall prevail.

PART IIFUNDAMENTAL PRINCIPLES OF EMPLOYMENT

Prohibition against forced labour

6. — (1) A person shall not be required to perform forced labour.

(2) For the purposes of this section, “forced labour” shall havethe same meaning assigned to it under section 4 of the Constitution of Saint Lucia, Cap. 1.01.

General prohibition against discrimination

7.— (1) Subject to subsection (2), an employer shall not discriminateagainst any employee on the grounds of race, colour, sex, religion,national extraction, social origin, ethnic origin, political opinion oraffiliation, age, disability, serious family responsibility, pregnancy,marital status or HIV\AIDS, in respect of recruitment, training, work facilities or service, promotion, terms and conditions of employment or benefit arising out of the employment relationship.

(2) Any temporary provision, programme, national policy oractivity that has as its object the amelioration of conditions of

disadvantaged individuals or groups, does not constitute discrimination —

(a) within the meaning of subsection (1); or

(b) as defined in section 267.

(3) An employer shall make every reasonable effort toaccommodate a person with a disability in employment and at theworkplace.

(4) A person shall not be discriminated against because of his orher membership in a trade union or participation in trade union activity.

(5) A person who contravenes this section is liable for damageson successful complaint to the Tribunal and the Tribunal may orderthe person to rectify the offending act.



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Protection of freedom of association

8.— (1) Subject to the provisions of the Constitution of Saint Lucia,Cap. 1.01, freedom of association and the right to collective bargainingare fundamental rights guaranteed by this Code and a person shall not interfere with the exercise of these rights.

(2) A person shall not —

(a) dismiss or threaten to dismiss an employee;

(b) discipline or suspend or threaten to discipline or suspend an employee;

(c) impose any penalty upon an employee;

(d ) intimidate or coerce an employee or employer; or

(e) discriminate against an employee in any way;

because the employee or employer, as the case may be, has acted in compliance with this Code or the Regulations, or an order madepursuant to this Code, or has sought the enforcement of this Code orthe Regulations, or has observed the procedures established by thisCode, or has given evidence in an inquest or in proceedings in respect of the enforcement of this Code or the Regulations.

(3) Where a person complains that another person has contravenedsubsection (2), the matter shall be determined by complaint to the

Tribunal, and in a case of dismissal in contravention of subsection (2)(a), the matter shall be treated as a complaint of unfair dismissal in accordance with section 131.

(4) On an inquiry into a complaint filed under subsection (3), the burden of proving that an employer or person acting on behalf of an employer did not act contrary to subsection (2) lies upon the employeror the person acting on behalf of the employer.

Direct complaint to the Tribunal

9. A person who alleges a contravention of this Part may make acomplaint directly to the Tribunal.



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PART IIITERMS AND CONDITIONS OF CONTINUED EMPLOYMENT

DIVISION 1Contracts of Employment

Application

10. Unless otherwise provided, this Division shall apply to allpersons engaged under contracts of employment.

Interpretation

11. In this Division “written contract” means a contract of

employment made between an employee and his or her employer in writing.

Types of contract

12.— (1) A contract of employment may take one of the followingforms —

(a) a contract without reference to limit of time;

(b) a contract for a specified period of time; or

(c) a contract for a specific task.

(2) A contract of employment may be terminated by either partysubject to the provisions of this Code concerning unfair dismissal andnotice of termination.

(3) A contract of employment for a specified period of time shall be automatically terminated on the date specified for its termination and no notice shall be required for its termination at that time, but termination at any other time shall be subject to the provisions of thisCode concerning unfair dismissal and notice of termination.

(4) A contract of employment for a specific task shall terminateon the completion of the task and no notice of termination shall berequired by either party.

(5) Where the purpose or effect of a contract of employment that is purportedly for a specified period of time or for a specific task isthe filling of a post connected with the normal and permanent activityof the enterprise for a period of over two years of continuous



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employment as defined under this Code, it shall be deemed a contract without reference to limit of time.

(6) Where a contract of employment provides for a probationaryperiod, an assessment of the employee shall be undertaken during theprobationary period and such assessment shall be communicated tothe employee prior to the end of the probationary period.

Particulars of written contract and content of contract

13.— (1) Within fourteen days from the date on which employment commences, an employer may prepare a written contract correctlydescribing the terms and conditions of employment that have been

agreed upon by the employer and employee.

(2) A written contract shall include the particulars specified in the First Schedule as applicable.

(3) Where a contract of employment is not written, the employershall explain to the employee the contents of the contract of employment and the explanation shall comply with the provisions of the First Schedule.

(4) Any provision in a written contract which contravenes aprovision of this Code to the extent that it provides for lower standardsthan those established under this Code shall be null and void.

Request for written particulars

14.— (1) Upon written request to the employer, an employee whois not employed under a written contract shall be given, within onemonth of the request, a written contract.

(2) Any written contract made under this section shall be in accordance with section 13.

Delivery of contract

15. Where, pursuant to sections 13 and 14, a written contract has been prepared —

(a) a copy of the written contract shall be delivered to theemployee for his or her inspection;

(b) the employer and employee shall sign the written contract,including any amendments agreed upon; and





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(2) Subsection (1) shall apply only where that family member hasagreed to such exemption.

Assumption of a contract for an indefinite period

21. Any contract of employment of an employee other than an employee employed for a specified period of time or a specific task,who has been continuously employed for twelve weeks or more shallhave effect as if it was a contract of employment without limit of time, and accordingly, the provisions of this Code shall apply to that contract.

Existing contracts to continue in force

22. — (1) Subject to subsection (2), a contract of employment validand in force on the date of commencement of this Code shall continueto be in force after the date of commencement of this Code.

(2) A contract of employment referred to in subsection (1), shall,to the extent that it is not in conflict with the provisions of this Code, bedeemed to be made under this Code and the parties thereto shall besubject to and entitled to the benefit of the provisions of this Code.

DIVISION 2Continuity of Employment

Duration of continuity of employment

23.— (1) Continuous employment shall commence from and includethe first day on which an employee begins to work for an employer,and shall continue up to and include the date of termination of employment where that employment has not been interrupted except for the reasons laid down under subsection (3).

(2) It shall be presumed, unless the contrary is shown, that theemployment of an employee with an employer is continuous whetheror not the employee remains in the same post, position, department or

branch.

(3) An employee’s continuous employment shall not be treated asinterrupted if the employee is absent from work —

(a) because of taking maternity leave, leave for serious familyresponsibility, sick leave whether certified or uncertified,



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any other leave in accordance with any provision of this Code,or any law in force or contract or agreement;

(b) because of suspension, with or without pay, in accordancewith any law in force or any contract or agreement;

(c) whilst awaiting a determination of a claim of unfair dismissalin accordance with the provisions of this Code, if that claimis successful;

(d ) whilst temporarily laid-off by the employer in accordancewith section 148;

(e) due to a temporary inability to work on account of an occupational disease or accident until such time as

employment is terminated for reason of incapacity due toillness or injury in accordance with this Code;

( f ) due to a lock out;

(g) with the permission of his or her employer or the employer’sagent;

(h) due to a temporary cessation of the work;

(i) due to circumstances such that, by arrangement, custom orlaw, the employee is regarded as continuing in theemployment of the employer;

( j ) due to any act of God, civil commotion or riot;

(k ) whilst on jury service, public duty or national service; or

(l ) due to absence from work on vacation, paid or unpaid.

(4) Any periods of time elapsing in the circumstances referred toin subsection (3) shall count for the purpose of calculating the continuousperiod of employment.

(5) Any period of employment elapsing between the end of theprobationary period if any, and the commencement of employment with the same employer shall, where that period immediately followsthe probationary period, in addition to the probationary period, count for the purpose of calculating the continuous period of employment.

(6) Any period during which an employee is absent from work because of his or her participation in a strike shall not interrupt thecontinuity of employment.



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(7) Periods of short term contracts granted in succession withless than thirty days intervals shall count for the purpose of calculatingthe continuous period of employment.

(8) Acceptance of severance pay or of pay in lieu of notice by an employee shall terminate the continuous period of employment.

Continuous employment for seasonal employees

24. Where an employee is engaged in an occupation in which it iscustomary to employ persons only at certain seasons of the year andsuch an employee is employed for successive seasons, the employeeshall be deemed to have been continuously employed for the aggregate

of all the time he or she has actually performed work for the sameemployer for continuous seasons.

Successor employer

25. Where a business or part of it is sold, leased, transferred orotherwise disposed of, the periods of employment with the successiveemployers shall be deemed to constitute a single period of continuousemployment with the former and successor employer if theemployment was not terminated and redundancy or severance paywas not paid pursuant to this Code.

DIVISION 3 Hours of Work

Interpretation

26. For the purposes of this Division “day off” means a day on which an employee would not ordinarily be scheduled to work.

Duration of working week

27.—(1) Subject to subsections (2) and (3), an employer shall not require any employee to work for more than forty hours during anyweek, excluding overtime.

(2) Subsection (1) shall not apply to a managerial employee.

(3) Notwithstanding subsection (1), an employee who works in the hospitality industry may be required to work more than forty hoursa week provided that the employee shall not work for more than eightyhours during a two week period, excluding overtime.



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Weekly rest

28. — (1) An employer shall not require an employee to work formore than six consecutive days without a period of rest comprising at least twenty-four consecutive hours which shall be taken on a dayagreed upon between that employee and employer.

(2) The Minister may, by Order published in the Gazette, authorizetotal or partial exceptions, including suspensions or diminutions, fromthe provisions of subsection (1) after special regard to all appropriatehumanitarian, health, safety and economic considerations and afterconsultation with representative trade union and employers’organizations.

Maximum ordinary work day

29. — (1) Subject to subsection (2), an ordinary work day for allemployees shall comprise of no more than eight hours and an employershall not require any employee to work for more than eight hours on any day, exclusive of the meal interval, as an ordinary work day.

(2) An employer and employee may in a contract of employment agree to flexible hours of work which do not exceed forty hours perweek.

Split shifts and occasional shifts

30.— (1) An employer and employee may, in a contract of employment, agree to the working of split shifts by an employee within a twelve hours period.

(2) An employer may require an employee as a shift employee towork occasional shifts of a duration of no more than two consecutiveeight hours shifts in an emergency, or in a situation where such work is due to the absence of another employee scheduled to take over theshift.

(3) Where an employee works two consecutive occasional shiftsin accordance with subsection (2), he or she shall not be required by

the employer to work for another period without a minimum of eight hours rest immediately following the second occasional shift.

Meal intervals

31. — (1) An employer shall not require an employee —



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(a) subject to subsection (2), to work for more than five hourscontinuously without a meal interval of not less than one hour;or

(b) to perform any work during the meal interval, without theconsent of that employee.

(2) Where an employee works a split shift or an occassional shift in accordance with section 30, the employee shall be entitled to a mealinterval of not less than one hour after each five hours of continuouswork, but the second meal interval may, on the mutual agreement of the employee and the employer, be shortened to less than an hour.

(3) Notwithstanding subsection (1) or (2) an employer and an employee may mutually agree to vary the meal interval so that a one

hour meal interval is divided into shorter breaks including at least one break of half an hour.

Overtime

32.— (1) Work for hours in excess of an ordinary work day or,where applicable, the forty hour work week pursuant to section 29(2)shall be deemed to be overtime and an employer shall not require orauthorize an employee to work overtime otherwise than pursuant toan agreement concluded between the employer and the employee.

(2) Subject to subsection (3) and (4), an employer shall pay to an employee who works overtime an amount calculated at a rate of not less than one and one-half times the wage for each hour in respect of

the overtime worked, or twice the wage for each hour in respect of the overtime worked on a Sunday, public holiday or, in respect of ashift worker, the worker’s day off.

(3) An employer may, in lieu of overtime pay, grant to an employeeemployed as a shift-worker in a hospitality industry or in such otherindustry which requires continuous operation and where that employeehas worked over his or her normal shift period because of an emergencyor because of the absence of another worker scheduled to take overthe shift, a period of rest in addition to that provided under section 28.

(4) An employer and an employee may mutually agree to timeoff in lieu of payment for overtime worked.

Prohibition of work on public holidays33.— (1) Subject to subsection (2), an employer shall not require

any employee to work on a public holiday except with the agreement of the employee and on payment by the employer of overtime pay tothe employee at the rate specified in section 32 (2).



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(2) The provisions of subsection (1), shall not apply to an employerwho —

(a) carries on the business of a hotel, hostel, or other hospitalityservice that lawfully operates on a public holiday;

(b) engages in essential work in agriculture;

(c) carries on work in which continuous shifts are worked;

(d ) is in an industrial establishment where work is necessary tomaintain its operations or to prevent it causing health andsafety hazards;

(e) carries on emergency work; or

( f ) carries on protective services.

(3) The Minister may, by Order published in the Gazette, exempt certain industries and enterprises, or certain parts thereof, from therequirements of subsection (1), on such terms and conditions as areappropriate and after consultation with the representative trade union and employers’ organizations concerned.

Pay for public holidays for daily paid workers

34. An employee who is paid on a daily basis and who works on the working day before, and the working day after a public holiday, orwho would ordinarily have been required to work on a day which isdesignated a public holiday, shall be paid for that public holiday.

Employees may opt to perform night work

35.— (1) An employee whose contract of employment does not as acondition of employment require night work may only be assignednight work where he or she consents to perform such work.

(2) Subject to section 36, where an employee refuses to performnight work which is not specified in his or her contract of employment,his or her employer shall not reduce the employee’s remuneration,dismiss, penalize or discriminate against the employee in any wayfor refusing such night work.

(3) An employer who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceedingfive thousand dollars.



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Reasonable alternative for discontinuing night work

36. Where an employee who ordinarily performs night work elects to discontinue the performance of such night work, his or heremployer shall attempt to accommodate the employee by reassigninghim or her in the same or similar position for work during the day or,where the same or similar position is not available, to an alternativeposition, but where such accommodation is not possible or will impose

undue economic hardship upon the employer, it shall not be unfair todismiss him or her under this Code.

Power to make Regulations

37. The Minister may, after consultation with representative trade

union and employers’ organizations, make Regulations for the purposeof split shifts or occasional shifts and for designating maximum workinghours and conditions for specific categories of employees or industries.

DIVISION 4Wages

Wages to be paid in legal tender

38. Subject to section 40, all wages due to an employee under hisor her contract of employment shall be paid to him or her in legaltender.

Agreements as to place and manner of spending wages

39. An employer shall not include in any contract of employment between himself or herself and an employee a condition, restriction or requirement which imposes any terms as to the place at which, orthe manner in which, or the person with whom, any wages paid to theemployee are to be spent and any such condition, restriction orrequirement shall be illegal.

Payment of wages by cheque

40.— (1) Where it is customary or upon collective agreement oragreement with the employee —

(a) wages may be paid by cheque drawn on a bank or by postal

order or money order; or(b) wages may be deposited directly into a bank account number

designated by that employee for that purpose.



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(2) An employer shall pay a cheque referred to in subsection (1)within reasonable time to allow the employee to cash the cheque or topay it into his or her bank account on the same day.

Wages to be paid directly to employees

41. Except where the employee directs otherwise, wages shall be paid directly to the employee to whom they are due or to a person specified by him or her in writing.

Employee’s right to recover

42. Where an employer has paid an employee wages in a mannercontrary to the provisions of this Division, the employee shall, even if

he or she accepted payment in the manner made, be entitled, on application to the Labour Commissioner, to recover so much of his orher wages, exclusive of the sums lawfully deducted under this Division,as was not actually paid to him or her in legal tender.

Pay periods

43.— (1) An employer shall pay or cause to be paid wages to theemployees employed by him or her at regular intervals, on the agreedpay day, which may be daily, weekly, fortnightly or monthly.

(2) Pay periods may be fixed by contracts, collective agreements,arbitration awards, the Minimum and Equal Wage Commission or the

Labour Commissioner.

Employer to fix pay days

44.— (1) Every employer shall fix a pay day for each employee andwhere a pay day falls on a Sunday or holiday, wages shall be paid tothe employee on the day preceding the Sunday or holiday or, in thecase of employees who do not normally work on a Saturday, the daypreceding Saturday.

(2) At the commencement of employment, the employer shallinform every employee of the employee’s pay day and it shall not bechanged except by mutual agreement or collective agreement or awardof the Tribunal.

Wages to be paid on completion of contract

45.— (1) An employer may withhold wages for a definite period if the work for which the employee was contracted has not been completed.



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(2) If the employer withholds any wages due to an employee on completion of his or her contract of employment contrary to theprovisions of subsection (1), such wages shall immediately becomedue and shall be paid not later than seven days following the day on which the employee completes the work contracted for in his or hercontract of employment.

(3) For the purposes of calculating the seven days period required under subsection (2), the day on which the employee completes his orher contract of employment shall be included in the calculation of each seven days period.

(4) Where an employee is aggrieved by an employer’s decision to withhold wages pursuant to subsection (1), he or she may make acomplaint to the Labour Commissioner for an appropriate investigation and determination of the matter.

Wages to be paid on termination of contract

46. All wages due to an employee on termination of his or hercontract of employment shall be paid to him or her immediately or nolater than seven days after his or her contract of employment terminates.

Interest on advances prohibited

47. An employer shall not make any deduction by way of discount,interest or any similar charge on account of any advance of wagesmade to any employee in anticipation of the regular period of payment of the wages.

Advances by way of loans

48. An employer may advance money by way of loan to an employee, either before the commencement of such employee’semployment or in anticipation of the pay period.

Recovery of advances and excess in payment of wages

49.— (1) Any debts due by an employee to his or her employer on

account of advances on wages, shall be paid off during the period of the employee’s contract of employment with that employer by mutualagreement and all repayments of advances shall commence from thefirst payment of wages made to the employee in respect of a completed



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pay period after such advance was made; but no repayment shall bemade for travelling expenses related to the employee’s job requirement.

(2) The proportion of wages earned that may be deducted for therepayment of such advances or excess payments of wages in any payperiod shall be no greater than the total deductions permitted pursuant to section 53.

Payment of outstanding balance of advances and excess in payment of wages

50. On termination of the contract of employment, the employershall be entitled to receive the outstanding balance of any advance orexcess payment of wages.

Deductions of payment in respect of fines restricted

51. Save with the prior approval of the Labour Commissioner,an employer shall not make any deduction or make any agreement with an employee for any deduction from wages or for any payment tothe employer by the employee by way of fine for bad or negligent work, for damage to the materials or other property of the employer.

Deductions for obtaining employment prohibited

52. Deductions in the form of direct or indirect payments for thepurpose of obtaining or retaining employment, shall not be made fromthe wages of an employee by an employer or by any intermediary or

labour contractor or recruiting agent.

Deductions authorized in certain cases

53. An employer may deduct from the wages of the employee—

(a) the actual or estimated cost of any material, tools andimplements supplied by the employer to the employee to beowned by the employee and employed by him or her in his orher occupation; or

(b) any money advanced by way of loan by the employer to theemployee,

save that, the total amount which may be deducted from the wages of

an employee in any pay period under the provisions of this section shall not exceed one-third of the wages of the employee in that payperiod.



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Saving as to judgement debts

54. During the period of a contract of employment, an employeewho receives an advance of wages shall not by reason only of theadvance, be deemed to have or to have had the means and ability topay any sum due from him or her under any judgement of a court.

Agreements of cooperation

55. Nothing in this Division shall be held to apply to any body orperson working under an agreement of cooperation.

Remuneration other than wages

56.— (1) An employer may, pursuant to an agreement, give to an employee as partial payment of remuneration, other than wages,allowances in kind which shall—

(a) be of personal benefit to the employee and his or her familyand be appropriate for the use of the employee and his or herfamily;

(b) be of fair and reasonable value appropriate to the monetaryvalue placed on the allowance by the employer;

(c) not be in the form of intoxicating liquor, tobacco, cigarettes,noxious drug or substance, or weapons and where suchpartial payment of such allowances in kind is customary ordesirable in the particular industry or occupation concerned.

(2) The allowances in kind permitted pursuant to subsection (1),shall not exceed in its cash value one third of the employee’s regularwages in respect of a completed pay period.

(3) The question of whether or not the partial payment of remuneration, other than wages, as allowances in kind falls within themeaning of subsection (1), shall be decided by the LabourCommissioner on the application of an employee, and the LabourCommissioner’s decision shall be final.

Wages not to be paid on certain premises

57. An employer shall not pay wages to any employee within anyplace that sells liquor except where the employer is the resident owneror occupier paying wages to an employee bona fide employed by himor her.



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Sale of goods or services by employer to employees

58.— (1) An employer otherwise lawfully entitled to do so, maysell goods or services to his or her employees, but no contractualprovision requiring an employee to buy any goods or services from hisor her employer or any other person shall be valid, and no employershall compel or attempt to compel an employee or any dependant of an employee to buy goods or services from the employer or from anyother person.

(2) Where, for any reason, an employer sells goods or servicesto an employee, the employer shall not sell such goods or servicessolely to the employee at prices above those at which they are generally

available elsewhere in Saint Lucia.

Special provision for service charges, share of profits or commission

59.— (1) In any workplace wherein a percentage is added to thecustomer’s bill, other than a tax, the percentage added shall be in theform of a service charge, and the service charge shall be distributedin a manner to be agreed between the employer and the employees orin accordance with the provisions of a collective agreement.

(2) In any workplace wherein the wages of an employee consist of a share of profits or of commission on payment on sales made orreceived by the employer, the profits or commission shall be distributed

in a manner to be agreed upon between the employer and the employeesor in accordance with the provisions of a collective agreement.

(3) An employer shall, as and when required by the LabourCommissioner, certify the total amount of service charge leived duringa given period or the amount profit or commission made during anygiven period and the manner and form in which that amount wasdistributed.

Employees in the employment of contractors

60.— (1) Where a contractor fails to pay the employee’s wages, theemployee may apply to the Labour Commissioner and if the Labour

Commissioner is satisfied that the employee has not been paid, theLabour Commissioner shall, having regard to the security and protection of persons and the property of persons for whom that contractor works,make arrangements for the payment of the wages due to such employeeout of any monies at anytime payable by the person or persons for





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(2) In the event of non-fraudulent bankruptcy, judicial liquidation or voluntary liquidation of the employer, the debts mentioned in subsection (1) shall be entered as a priority debt.

(3) For purposes of this section, wages include remuneration.

Employers to issue details of wage payments

63.— (1) An employer shall, at the time of paying wages to an employee, provide that employee with a wage slip containing thefollowing written details in respect of the wage period to which thewages relate —

(a) the name of the employee and his or her occupation;

(b) the wage rate of the employee;

(c) the period to which the wage relates;

(d ) in the case of daily paid workers, the number of hours paidfor at ordinary time;

(e) the number of hours paid for at overtime rate;

( f ) the nature and amount of any bonuses or allowances paid;

(g) the gross wages earned by the employee;

(h) the amounts and reasons for any deductions made from thegross wages; and

(i) the amount of the net wage paid to the employee.

(2) The acceptance of wages or a wage slip by an employeewithout protest or reservation shall not prejudice his or her right torecover all or any part of wages due to him or her.

(3) Where pursuant to his or her contract of employment, an employee is entitled to a commission or share of the profits of the

undertaking in which he or she is employed, the employee shall, at thetime such commission or share is paid to him or her, be provided withfull details as to the method of calculation of the commission.

Offences under this Division64. Any employer or his or her agent who —



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(a) fails to pay wages to an employee when those wages are dueor payable;

(b) pays wages in a form, manner or place contrary to theprovisions of this Division;

(c) makes any deduction from the wages of any employee orreceives any payment from any employee contrary to theprovisions of this Division;

(d ) fails to provide an employee with the details of wages due tohim or her as required under section 63;

(e) pays an employee wages in whole or in part in the form of intoxicating liquor, tobacco, cigarettes, noxious drugs or

substance contrary to section 56;

( f ) fails to distribute a service charge, share of profits orcommission as required by section 59; or

(g) contravenes the provisions of this Division for which nooffence has been prescribed;

commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars.

Repayment of wages

65.— (1) On conviction of an employer under this Division, thecourt shall have power to order the employer to pay the employee anypart of his or her wages found by the court to have been unlawfullydeducted from the employee’s wages or to repay the employee anysum received by the employer from the employee contrary to anyprovisions of this Division.

(2) Payment of any sum ordered by a court to be paid under thissection shall not be in derogation of any right of the employee to recoverthe sum by any other proceedings, save that an employee shall not beentitled in any other proceedings to recover any amount which a court had ordered to be paid under the provisions of this section.

Regulations

66. The Minister may make Regulations for the purpose of carrying out all or any of the provisions of this Division.



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Deduction for provident or pension funds

67.— (1) An employer may deduct from an employee’s wages anyof the following —

(a) the employee’s contribution to any provident or pension fundor schemes operated by the employer, either alone or in conjunction with other employers; or

(b) where there is a collective agreement to that effect, any duespayable by the employee to a bargaining agent.

(2) An employer shall deduct from an employee’s wages theemployee’s contribution to any provident fund or any other form of social security established under any enactment.

DIVISION 5 Minimum Wages

Fixing of minimum wage

68.— (1) Notwithstanding sections 69 to 81 or any other law in forcein Saint Lucia relating to wages or remuneration of workers and subject to subsection (2), the Minister may, by Order published in the Gazettefix a minimum wage for —

(a) workers generally; or

(b) any class of workers generally or for any class of employeesin a particular industry or undertaking, and such minimumwage shall be not less than the minimum wage specifiedpursuant to paragraph (a).

(2) A Minimum Wage Order may contain such provisions as theMinister thinks fit and without prejudice to the generality of the foregoingmay —

(a) specify hours of work and other terms and conditions of service or employment in relation to any minimum wage;

(b) fix different minimum wages for employees in different categories of undertakings engaged in the same employment.

Establishment and composition of Minimum and Equal Wages Commission

69.— (1) There is hereby established a Commission to be known asthe Minimum and Equal Wages Commission.

(2) The Commission shall comprise the following membersappointed by Cabinet—



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(a) a Chairperson who shall be nominated by the Minister; and(b) six other members as follows-

(i) one member nominated by the association that is most representative of employers;

(ii) one member nominated by the association that is most representative of labour;

(iii) one representative of the National Insurance Corporation nominated by the Board of the National InsuranceCorporation; and

(iv) three other members nominated by Cabinet.

(3) The Commission shall select a Deputy Chairperson and aSecretary from amongst its members.

Appointment and resignation

70.— (1) Subject to subsection (2), a member shall serve on theCommission for the period specified in his or her instrument of appointment.

(2) A member, other than the Chairperson, may at any time resign by giving notice of the resignation in writing to the Chairperson whoshall forward the notice to the Minister and the Chairperson may resign

by giving notice thereof in writing to the Minister.

(3) A resignation made under subsection (2) shall be effective upon receipt of notice by the Minister.

(4) If a vacancy occurs among the members of the Commission,it shall be filled by the appointment of another member and in makingthe appointment the Minister shall have reference to section 69.

Remuneration of members

71. Members of the Commission shall be paid such remuneration as may be authorized by the Minister.

Assignment of staff

72. The Commission shall be assigned such staff as it requires toperform its functions under this Division.



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Functions of Commission

73. The Commission shall advise and make recommendations tothe Minister on all matters relating to —

(a) the fixing of a minimum wage;

(b) the determination of equal remuneration for work of equalvalue for purposes of Part V; and

(c) terms and conditions of employment in relation to anyminimum wage.

Procedure

74.— (1) The Commission shall meet at such times as may benecessary or expedient for the discharge of its functions under thisDivision.

(2) The Chairperson, or in the Chairperson’s absence, the DeputyChairperson and three other members shall constitute a quorum.

(3) In the case of an equality of votes the Chairperson, or in theabsence of the Chairperson, the Deputy Chairperson shall, in addition to his or her original vote, have a casting vote.

(4) Subject to this section, the Commission may make rules forthe regulation of its own proceedings and procedures.

Power to summon

75.— (1) The Commission shall, for the purpose of the performanceof its functions, have power, by summons signed by the Chairperson or by the Secretary of the Commission, to do any of the following —

(a) summon and enforce the attendance of persons to theCommission;

(b) examine such persons on oath so as to elicit information relevant to any matter under investigation by the Commission.

(2) A person summoned to attend and give evidence before theCommission shall be —

(a) bound to obey the summons served upon him or her; and

(b) entitled in respect of such evidence to the same right orprivilege as before a court of law.



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(3) A person shall not —(a) without sufficient cause, fail or refuse to attend before the

Commission in obedience to a summons;

(b) being a witness, leave a meeting of the Commission without the permission of the Commission;

(c) being a witness, refuse without sufficient cause to answerany question put to him or her by or with the permission of the Commission; or

(d ) wilfully obstruct or interrupt the proceedings of theCommission.

(4) A person who contravenes subsection (3) commits an offenceand is liable on summary conviction to a fine not exceeding five thousanddollars and, in default of payment, to imprisonment for a term not exceeding one year.

(5) A person summoned to appear before the Commission may be accompanied by legal counsel at his or her expense.

Minister to refer to Commission

76. Where in the opinion of the Minister or a registeredorganization representing employees or employers, it is necessary tofix or vary a minimum wage, or terms and conditions of employment

for any employees, either because —(a) there is no machinery for the effective regulation of the

remuneration or terms and conditions of employment for suchemployees; or

(b) the existing machinery is not adequate or is likely to cease to be adequate for that purpose;

the Minister or the registered organization may refer the matter to theCommission for their recommendation and advice.

Invitation for comments and objections

77. Where a matter is referred to the Commission pursuant to

section 76, the Commission shall, by notice in the Gazette, and submittedto such organisation representing employees or employers as theCommission determines, invite comments or objections relating tothe making of a Minimum Wage Order within twenty-one days of thepublication.



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Objection

78. Any person objecting to the making of a Minimum WageOrder shall submit his or her objection to the Minister, stating —

(a) the grounds of objection;

(b) the nature of that person’s interest in the matter; and

(c) such additions, modifications or amendments to the draft order as that person may think fit.

Recommendation or advice by Commission

79.— (1) Upon the expiry of the notice received pursuant to section

77, the Commission shall determine whether there exists any adequatemachinery for the regulation of the remuneration or terms andconditions of employment of the employees in respect of whom thereferral was made.

(2) Where pursuant to subsection (1), it is determined that regulatory machinery does exist, the Commission shall examine theadequacy of that machinery and report thereon to the Minister.

(3) The Commission shall include in a report made undersubsection (2) such recommendations as the Commission may think fit for improving the efficiency of the machinery.

(4) Where pursuant to subsection (1), in the opinion of theCommission, there are among the employees in respect of whom thereferral was made, any whose case should be dealt with separately,either on the ground that there exists regulatory machinery in respect of some of the employees and not others or that the nature or hours of employment of some employees differs from that of others or for anyother reason, the Commission shall so advise the Minister.

(5) Where upon the expiry of the notice period pursuant to subsection 77 and having considered any comments or objections submittedpursuant to sections 77 and 78, the Commission is of the opinion that the Minister should fix a minimum wage or other terms and conditionsof service or employment or that equal remuneration is not beinggranted for work of equal value in respect of the employees in respect of whom the referral was made, the Commission, subject to section 80, shall so recommend and may include in the recommendation —

(a) a proposed minimum wage; and



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(b) such other basic conditions as the nature of the case mayrequire.

Matters for consideration in proposing a minimum wage

80. In considering a proposed minimum wage or other terms andconditions of employment, the Commission shall have regard to —

(a) the general level of wages in Saint Lucia;

(b) the cost of living in Saint Lucia;

(c) contributions payable and benefits provided under a systemof national insurance established under any enactment;

(d ) other economic factors, including the requirements of economic development, levels of productivity, the desirabilityof attaining and maintaining high levels of employment andthe desirability of attracting and maintaining foreign investment; and

(e) the protection of workers.

Advice of Commission

81.— (1) The Minister may accept the recommendation oradvice of the Commission either fully or in part, or may reject therecommendation.

(2) Where the Minister either fully or in part rejects therecommendation of the Commission, the Minister shall provide theCommission with reasons for the rejection and may request that theCommission reconsider the matter.

(3) In making a request under subsection (2), the Minister mayprovide additional information as he or she considers necessary.

Effect of Minimum Wage Order

82.— (1) An employer to whom a Minimum Wage Order appliesshall, as from the making of the Minimum Wage Order, pay to theemployees wages which are not less than the minimum wage prescribed

in the Minimum Wage Order, and the employee shall enjoy such otherterms and conditions of employment no less favourable than the termsand conditions of employment prescribed in the Minimum Wage Order,notwithstanding that the remuneration or terms and conditions of



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employment of the employee may be provided for in a collectiveagreement or in a contract of employment.

(2) Where at the commencement of a Minimum Wage Order under which scope an employee falls, the wages and other terms andconditions of employment of an employee are not subject to a collectiveagreement, the Minimum Wage Order shall take effect in respect of that employee as soon as it comes into force.

Saving of existing level of wages

83.— (1) An employee to whom a Minimum Wage Order appliesand who receives wages more than the statutory minimum wages and

enjoys other terms and conditions of employment more favourablethan the terms and conditions of employment prescribed in the MinimumWage Order shall in no way be adversely affected by reason only of the making of the Order.

(2) Where a Minimim Wage Order fixes a minimum wage foremployees in a particular class of employees in an industry, an employee in that class shall not be adversely affected or prejudiced bythe Minimum Wage Order if it is lower than the wage agreed to by theemployer and the employee.

(3) An employer or group of employers shall not, as a result of

provisions in this Part, reduce a wage paid to an employee or class of employee in a particular undertaking or industry to the level of aminimum wage set under this Code.

Records

84. An employer to whom a Minimum Wage Order applies shallkeep and maintain such records in respect of that employee as may benecessary to show whether or not the provisions of the Minimum WageOrder are being complied with in respect of that employee and unlessseized and taken away by an authorized officer under the provisions of section 85(1), such records shall be retained by the employer for aperiod of six years.

Powers of inspection

85.— (1) A labour officer may exercise any of the powers grantedto him or her under section 407 in order to seek compliance with the



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provisions of this Division including, but not limited to powers to inspect books, records, pay sheets and other documents and to search for andseize relevant books, records, pay sheets or other documents.

(2) An authorised officer may require an employer or a person authorized by an employer to —

(a) give the authorised officer information with respect toremuneration paid to and terms and conditions of employment enjoyed by employees in respect of whom a Minimum WageOrder applies, in the service of that employer;

(b) permit the authorised officer to inspect any books, records,pay sheets or other documents relating to such employees.

Authorization for Commission to obtain information

86.— (1) An authorised officer who, pursuant to section 85(2), hasobtained information or books, records, pay sheets or other documentsshall make such information available to any member of theCommission or any other authorised officer for the purposes of facilitating the establishment of minimum wages in accordance withthis Code.

(2) Where information has been provided by an authorised officerin accordance with subsection (1), this shall not constitute a breach of confidentiality as defined under section 409.

Recovery of wages

87. Where an employer has been convicted of paying less than the statutory minimum wage to any employee, he or she shall be liableto pay to the employee a sum equal in amount to the difference between the amount actually paid as wages and the statutory minimum wage.

Offences in relation to this Division

88.— (1) An employer who contravenes section 83 or 84, commitsan offence and is liable on summary conviction to a fine not exceedingten thousand dollars or to imprisonment for a term not exceeding sixmonths or to both.

(2) A person who furnishes any particulars required under thisDivision which the person knows to be misleading, false or deceptivein any material particular commits an offence and is liable on summaryconviction to a fine not exceeding ten thousand dollars.



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(3) An employer who pays an employee less than the statutoryminimum wage prescribed in a Minimum Wage Order which appliesto the employee, commits an offence and is liable on summaryconviction to a fine not exceeding ten thousand dollars.

(4) It shall be a defence for an employer to satisfy the Court that the contravention of subsection (3) was not wilful, or due to his or hernegligence or that of a person in his or her employment who is authorizedto deal with the payment of an employee.

Application

89. This Division binds the Crown.

DIVISION 6Sick Leave and Benefits

Sick pay

90. Subject to sections 91 and 92, after not less than six monthscontinuous service, an employee shall be eligible for paid leave at thenormal rate of wages for actual illness or physical incapacitation.

Uncertified sick leave pay

91. — (1) Subject to subsection (2), an employee is entitled to bepaid sick leave for actual illness or actual physical incapacitation without

requirement of medical certification where —(a) each such period of sick leave does not exceed two days; and

(b) the aggregate of such periods of sick leave does not exceedtwelve days per annum.

(2) Where an employer reasonably believes that any purportedsick leave, no matter how short, forms part of a course or pattern of absenteeism and is an abuse of sick leave provisions under this Code,he or she may require an employee to furnish him or her with a medicalcertificate.

Certified sick leave

92. Where a period of sick leave exceeds two days, the employeeshall produce a medical certificate certifying the illness or injury andthe duration of sick leave from a medical practitioner for the period



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commencing on the third day of sick leave in order to be entitled topaid sick leave.

Employer’s obligation toward sick pay

93.— (1) During the first two days of leave in any period of sick leave to which the employee is entitled to paid leave, the employershall pay to the employee the total amount of pay at the normal rate of wages.

(2) Subject to subsection (3), after the first two days of leave in any period of sick leave to which the employee is entitled to paid leave,the employer shall pay to the employee the total amount of pay at thenormal rate of wages less any amount to which the employee is entitledas a benefit by virtue of the National Insurance Corporation Act for aperiod not exceeding three months for any continuous period of incapacity.

(3) In determining any period of incapacity, any period separated by no more than eight weeks shall be treated as one continuous periodof incapacity for work, starting on the first day of such period.

Determination of medical matters

94. Where there is an issue relating to —

(a) incapacity due to a job related illness or injury leave;

(b) abusive sick leave;(c) medical certificates issued for the purpose of sick leave,

injury at work, illness connected with pregnancy, illness orinjury determined to be sufficient for termination of employment in accordance with this Code; or

(c) any other medical matter;

the issue shall be determined by the Tribunal having regard to therecommendation of a medical committee established pursuant tosection 428.

DIVISION 7Vacation Leave

Interpretation95. For the purposes of this Division —

“continuous employment” has the meaning given to it pursuant to section 23;



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“working day” means a day on which the employee wouldnormally work if not on vacation;

“year of employment” in relation to any employee means anycontinuous employment for any period of twelve consecutivemonths during which the employee has actually performedlabour or rendered services for the same employer for —

(a) at least two hundred days in the case of employeesemployed on a weekly, fortnightly, monthly or yearly basis;and

(b) at least one hundred and fifty days in the case of employeesemployed hourly, daily or part-time.

General entitlement to vacation leave

96.— (1) An employee shall, at the end of his or her first year of employment and at the end of each year of employment thereafter, beentitled to annual vacation leave with pay for a period of working daysas laid down under section 97.

(2) Subject to section 100, the vacation leave referred to in subsection (1) shall be computed on working days between Mondayand Friday inclusive.

Amount of vacation leave with pay

97.— (1) The amount of vacation leave with pay shall be the amount

the employee would have received had the employee not taken theleave calculated at the rate of remuneration immediately precedingthe period of vacation leave.

(2) The minimum entitlement of vacation leave with pay referredto in subsection (1) shall be as set out in the Second Schedule.

Existing rights to vacation saved

98.— (1) Nothing in this Division shall affect any right to vacation with pay acquired by any employee under any collective agreement,employment contract or other agreement existing before thecommencement of this Code where such right to vacation with pay isequivalent to or more than the amount of leave with pay granted underthis Division.

(2) Where an employee or a group of employees at a workplace, before the commencement of this Code, was entitled to a period of vacation leave with pay greater than that prescribed under section 97



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whether by collective agreement or custom, his or her employer shallnot decrease the period of vacation leave due to that employee or at the workplace.

Periods of vacation leave

99.— (1) The annual vacation leave shall be given by the employerand taken by the employee in one period, or separate periods, as agreedto between the employer and the employee.

(2) If the employer and employee so agree, the vacation leavemay be taken wholly or partly in advance before the employee has

become entitled to such vacation.

(3) The vacation leave shall be given by the employer and shall be taken by the employee before the expiration of six months after thedate upon which the right to such vacation accrues except where, byagreement between the employer and employee, such vacation ispostponed.

(4) The employer shall determine the date on which the vacation shall commence and shall give to the employee not less than seven days’ notice of such date.

(5) Where the vacation leave or any part thereof has been taken before the right to such vacation has accrued, the right to a further

vacation leave shall not begin to accrue until after the expiration of theperiod of the year of employment in respect of which the vacation leave or part thereof has been so taken.

Public holidays not to be counted

100. Where a public holiday occurs during any period of vacation leave taken by an employee pursuant to section 97, the period of vacation shall be increased by one day in respect of each Saturday, Sunday orpublic holiday, as the case may be.

Employee not to be terminated during vacation leave

101. Any notice of termination of employment given by an employer to an employee during a vacation leave shall be void and of no effect.



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Exclusions from vacation leave

102. A period of vacation leave given to an employee shall not include any period —

(a) of sick leave to which he or she is entitled under the terms of his or her contract of employment or otherwise;

(b) of maternity leave to which a female employee is entitled under the terms of her contract of employment or otherwise;

(c) of disability caused by accident or disease for whichcompensation is payable under the provisions of this Code orany law in force;

(d ) for which an employee is called to serve on jury duty ornational service or public duty;

(e) of off days specific to the employee; or

( f ) of public holidays.

Employee not to be compelled to forego vacation leave

103. An employer shall not compel an employee to forego thetaking of earned vacation leave irrespective of an offer to payremuneration in lieu of the leave.

Proportionate vacation leave

104. An employer and employee may agree that the entitlement of vacation leave with pay accrue proportionately to the employeeduring each twelve month period of employment or two hundred daysor one hundred and fifty days, as the case may be.

Vacation leave pay upon termination

105.— (1) Where the employment of an employee who has becomeentitled to vacation leave pay is terminated, and the employee has not taken any or any part of such vacation, the employer shall pay to theemployee, in addition to all other amounts due to the employee, vacation leave pay in respect of the period of vacation leave due to him or herat the time of such termination.

(2) Where the employment of an employee who has becomeentitled to vacation leave is terminated and the employee has taken aperiod of the vacation leave to which he or she is entitled, the employershall pay to the employee, in addition to all other amounts due, the



718


corresponding proportionate part of the vacation leave pay referred toin subsection (1).

(3) Where the vacation leave or any part of it has been taken in advance by an employee, and the sum paid by the employer to theemployee in respect of such vacation leave or part of it exceeds thesum which the employer is required to pay to the employee undersubsection (1), the employer shall not be liable to make any payment to the employee under that subsection, and shall be entitled to deduct the amount of such excess from any amounts payable to the employee

upon the termination of his or her employment.

Vacation leave pay upon termination before qualifying period

106.— (1) Subject to subsection (2), where any employee who has been continuously employed for three months or more is laid off or theemployment contract is terminated and the employee has not completedthe twelve month period necessary for entitlement to vacation leavewith pay in accordance with section 96, such employee shall be entitledto vacation leave with pay calculated on the basis of the formulaspecified in section 96(2).

(2) If an employee has at any time taken any vacation leave underthis Part while in the employ of an employer, the employer shall bedeemed to have complied with the provisions of this section if theemployee is paid promptly, in addition to all other amounts due, the

employee’s full pay for the period of employment between the day on which the employee became entitled to his or her last vacation leaveand the date of the termination of employment.

Records

107. An employer shall keep records of the remuneration, periodsof employment and vacation leave of every employee employed byhim or her in such manner as deemed satisfactory by the LabourCommissioner.

Complaints

108.— (1) A complaint alleging a violation by an employer of the

provisions of this Division shall be made to the Tribunal.

(2) An employer who contravenes subsection (1) is liable, on successful complaint to the Tribunal, for damages and the Tribunalmay order the employer to rectify the offending act.



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DIVISION 8Public Contracts

Interpretation

109. In this Division —

“contract” means a contract for —

(a) the construction, alteration, repair or demolition of publicworks;

(b) the manufacture, assembly, handling or shipment of materials, supplies or equipment;

(c) the performance or supply of services;

“public authority” means any body —

(a) established by or under the Constitution;

(b) established by Statute;

(c) which forms part of any level or branch of Government;

(d ) owned, controlled or substantially financed by funds provided by the Government or the State; or

(e) carrying out a statutory or public function to the extent of thestatutory or public function;

“public contract” means a contract involving the expenditure of funds by any department of the Government of Saint Luciaor by any local Government or public authority.

Provisions deemed to be included in public contracts

110. A public contract shall be deemed to include and to incorporatethe provisions, conditions or stipulations contained in this Division toall intents and purposes as if they were expressly set out as conditionsor covenants to be observed and performed on the part of either or

both of the parties to the public contract.

Established rates and conditions of employment

111.— (1) The contractor shall pay rates of remuneration and observehours and conditions of employment no less favourable than thoseestablished in the trade or industry in the district where the work iscarried out by agreement, negotiation or arbitration by employers and



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trade union representatives of substantial proportions of the employersand employees engaged in the trade or industry or district, to be called“established rates and conditions”.

(2) In the absence of any established rates and conditions referredto under subsection (1), the rates and conditions of employment in other districts where the trade or industry is carried on under similarcircumstances shall be deemed to be the established rates andconditions.

(3) Established conditions of employment shall be no lessfavourable than those set out under this Code, and where such conditionsare less favourable, the conditions established under this Code shallprevail.

Labour Commissioner to set rates and conditions

112. In the absence of any established rates and conditions asreferred to under section 111, the Labour Commissioner shall, afterconsultation with representatives of employers and employees or theirtrade union representatives, prepare and furnish a schedule establishingfair and reasonable rates and conditions to be observed in the execution of the public contract, having regard to established rates and conditionsin respect of persons employed in a capacity and in general

circumstances similar to those of the persons engaged on the publiccontract, or failing such established rates and conditions, any fairstandards of rates and conditions commonly recognized in respect of persons employed in a similar capacity and in similar generalcircumstances.

Certificate of fair and reasonable conditions

113. Before being placed on any list of Government contractorsor being allowed to tender for Government contracts, the contractorshall certify that to the best of his or her knowledge and belief, theremuneration, hours of work and conditions of labour of all employees

employed by him or her in the trade or industry in which the person isoffering himself or herself as a contractor, are fair and reasonablehaving regard to the provisions of section 111.



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Disputes on remuneration

114.— (1) Where there is any dispute concerning remuneration orother terms and conditions of employment, such dispute shall, if not resolved voluntarily between the parties to the dispute, be referred tothe Labour Commissioner, who may, in his or her discretion, determinethe matter, or refer it to the Tribunal.

(2) In arriving at a decision for a dispute referred to undersubsection (1), the Labour Commissioner, or the Tribunal, as the casemay be, in the absence of any established rates and conditions of employment in the trade or industry concerned, shall have regard to

any agreement, custom, practice or award that may be brought to itsnotice relating to remuneration, hours or terms and conditions of employment of persons employed in a capacity similar to that of thepersons to whom the dispute relates in trade or industry carried on

under similar general circumstances.

Accounts

115. The contractor shall keep proper books and accountsdemonstrating the remuneration paid to and time worked by theworkers, and he or she shall, whenever required, produce such wages,

books and accounts for the inspection of any labour officer.

Sub-contractors

116.— (1) A sub-contractor shall be bound to conform to theconditions of the main contract and the main contractor shall beresponsible for the observance of all contractual conditions on the part of the sub-contractor.

(2) The principles of freedom of association and freedom of organization and representation laid down under this Code shall applyto all contractors and to all sub-contractors for public contracts.

Withholding payments

117. A contractor shall not be entitled to payment of any moneywhich would otherwise be payable under the terms of the public contract in respect of the work performed in the execution of the public contract



722


unless and until he or she has filed with the other party to the publiccontract, together with his or her claim for payment, a document stating—

(a) whether any wages or other remuneration in respect of thesaid work and labour remain in arrears;

(b) that all the labour conditions of the public contract have been duly complied with; and

(c) all requirements pursuant to the National InsuranceCorporation Act with respect to the payment of contributionshave been completed.

Information

118. The contractor shall, from time to time, furnish to the LabourCommissioner such detailed information and evidence as the LabourCommissioner may determine to satisfy himself or herself that theprovisions of this Part have been complied with.

Default in payments

119.— (1) Where a contractor fails to pay the employee’s wages orother remuneration, the employee may apply to the LabourCommissioner and if the Labour Commissioner is satisfied that theemployee has not been paid, he or she shall make arrangements forthe payment of the wages or other remuneration due to such employee

out of any monies at anytime payable by the person or persons forwhom the contractor works or has worked, and the amount of thewages or other remuneration so paid shall be deemed to be payments

by the contractor.

(2) Any contractor or any person for whom a contractor worksor has worked who fails to make any payment of wages or otherremuneration as required by arrangements made by the LabourCommissioner acting pursuant to the provisions of subsection (1) of this section, commits an offence and is liable on conviction to a finenot exceeding ten thousand dollars.

Posting of conditions of work

120. The contractor shall post notices in conspicuous places at the workplace concerned, with a view to informing the employees of their conditions of work.



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Prohibition on non-compliant contractors

121.— (1) Any contractor or sub-contractor who fails to complywith any of the provisions of this Division shall cease to be an approvedcontractor or sub-contractor for such period as the LabourCommissioner may determine.

(2) The Minister may make Regulations prescribing the procedurefor approval of contractors and sub-contractors.

DIVISION 9 Employment of Children and Young Persons

Prohibition of child labour122.— (1) Notwithstanding section 18 (2) and subject to subsection

(2), a person shall not employ or allow to be employed any child whois under the minimum school leaving age as declared by any law in force in Saint Lucia except for employment during school holidays in light work.

(2) A person may not employ or allow to be employed a child oryoung person in employment that is inappropriate for a person of that age, being work which places at risk the child or young person’s well-

being, education, safety, physical or mental health, or spiritual, moralor social development.

(3) The provisions of subsection (1) do not apply to —

(a) work done by children or young persons in technical schoolsas part of their technical program where such work isapproved and supervised by the relevant public authority;

(b) work done under order of detention in a reformatory orindustrial school where such work is approved and supervised

by the relevant public authority; or

(c) work done by children on job training or work experienceactivities where such work is approved and supervised bythe relevant public authority;

(d ) non-hazardous work done as a community service or for acharity outside of normal school hours where such work doesnot prejudice the child’s capacity to benefit from theinstruction received;



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(e) work done by members of a recognized youth organization which is engaged collectively in such employment for thepurposes of fund raising for such organization or charityoutside of normal school hours where such work does not prejudice the child’s capacity to benefit from the instruction received;

( f ) work done by persons over the age of thirteen years which ischaracterised as light work which is not harmful, prejudicialor dangerous to the child or young person and does not placeat risk the child’s well-being, education, physical or mentalhealth, or spiritual, moral or social development and suchlight work may include but is not limited to —

(i) newspaper rounds;

(ii) car-washing;

(iii) cake sales and other sales at school and charity fairs;

if such light work is approved by the Labour Commissioner byOrder published in the Gazette after consultation withorganizations of employers and employees concerned;

(g) work done by children or young persons participating in artistic performances based on a permit granted by theMinister in his or her discretion on a case by case basislimiting hours to be worked and indicating conditions of work.

Medical certificate of fitness

123. A young person shall not be employed or allowed to beemployed unless he or she has been certified as fit and suitable for thework which he or she is expected to perform by a medical practitionerafter a medical examination and thereafter his or her employment shall be subject to annual medical supervision until he or she reachesthe age of eighteen years.

Register of children and young persons

124.— (1) An employer shall keep a register of all children andyoung persons employed by him or her.

(2) Such register shall contain particulars of the names, addressesand dates of birth and national insurance numbers of such persons,and of the dates on which they enter and leave employment and the



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employer shall make available to any labour officer or inspector suchregister for inspection.

False certificates

125. Where a young person is employed in contravention of thisDivision —

(a) with the permission or knowledge of his or her parent orguardian; or

(b) because of the production of a false or forged birth certificate,passport or other document attesting to his or her identity; or

(c) on the false representation of his or her parent or guardian

that such child or young person is of an age at which suchemployment is not in contravention of this Division;

his or her parent or guardian commits an offence and is liable, on summary conviction, to a fine not exceeding two thousand dollars.

Regulations for the employment of young persons

126. The Minister, may, on the advice of the LabourCommissioner and the Medical Board, make Regulations —

(a) to prohibit or place conditions on the employment of children and young persons who are no longer subject to compulsoryschooling under any enactment;

(b) to prescribe categories of work in which children and youngpersons cannot be employed;

(c) permitting persons over the age of thirteen years to engagein work;

(d ) with respect to the conditions required to protect the health,safety and welfare of any child or young person employed at any work place; or

(e) after consultation with organizations of employers andworkers concerned, setting out the types of employment orwork to which section 122(2) applies.

Penalties for child and young person labour127. Any employer who contravenes sections 122, 123 or 124

commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term of twoyears or both.



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DIVISION 10Termination of Employment

Non-application

128. This Division shall not apply to persons who have been engaged under a contract of employment as apprentices or for purposesof training and who have been so engaged for a period of less than twelve weeks where such a contract of employment fulfills theconditions laid down under this Code.

Valid reason for dismissal

129. The employment of an employee —

(a) without reference to limit of time;

(b) for a specific task where that task is not completed; or

(c) for a time period where that time period is not completed;

shall not be terminated by an employer, unless there is a valid reason for such termination connected to the capacity, performance or conduct of the employee or for reasons of redundancy and, unless in accordancewith the principles and procedures under this Division.

Probationary period

130.— (1) Subject to subsection (2), a new employee may be required

to serve a probationary period of not more than twelve weeks or ashorter or longer period of time agreed to between the employer andthe employee.

(2) Subject to subsection (3), an employee’s rights accruingpursuant to section 21 shall not be prejudiced by a probationary periodwhich exceeds twelve weeks.

(3) The employer or employee may terminate employment at any time during the probationary period for any reason and dismissalof a person on probation shall not be construed as being an unfairdismissal for purposes of this Division.

Unfair dismissal131.— (1) An employer shall not dismiss an employee or institute

disciplinary action based on —



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(a) an employee’s race, sex, religion, colour, ethnic origin,national extraction, indigenous origin, social origin, politicalopinion or affiliation, trade union affiliation or activity,disability, sexual orientation, serious family responsibilityor marital status;

(b) an employee’s age, subject to any other enactment in force,or collective bargaining provisions or contractual provisionsregarding retirement;

(c) a female employee’s maternity leave or benefits, pregnancyor a reason connected with her pregnancy;

(d ) an employee’s exercise of any of his or her organizational

or associative rights as specified under this Code;(e) an employee’s temporary absence from work because of

sickness or injury, unless it occurs frequently and is found to be an abuse of sick leave provisions under this Code;

( f ) the perception that the employee has or is carrying the HIV/AIDS unless the employee is engaged in work established asputting other persons at risk of contracting the HIV/AIDS or

unless the inherent requirements of the job permit the removalof that employee to other duties;

(g) an employee’s absence from work due to compulsory militaryservice, national service, public duty or other civic obligation in accordance with any enactment or practice in force;

(h) an employee’s exercise or proposed exercise of the right toremove himself or herself from a work situation which he orshe reasonably believes presents an imminent or seriousdanger to life, health or safety;

(i) an employee’s participation, or proposed participation, in industrial action, including strikes;

( j ) the filing of a complaint or the participation in proceedingsagainst an employer involving alleged violations of this Code;

(k ) an employee’s refusal to do work usually performed byanother employee or employees currently engaged in

industrial action where that work does not form part of his orher contract of employment; or

(l ) a conviction which is spent in accordance with the CriminalRecords (Rehabilitation of Offenders) Act 2004, No. 2.



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(2) A dismissal on any grounds specified in subsection (1)constitutes unfair dismissal and entitles the employee to compensation in accordance with this Code.

Constructive dismissal

132.— (1) An employee is entitled to terminate the contract of employment without notice or with less notice than that to which theemployer is entitled by any statutory provision or contractual term on grounds of constructive dismissal where the employer’s conduct hasmade it unreasonable to expect the employee to continue theemployment relationship.

(2) Where the contract of employment is terminated by theemployee pursuant to subsection (1), the employee shall be deemed tohave been unfairly dismissed by the employer and shall be entitled tocompensation in accordance with this Code.

Summary dismissal for serious misconduct

133.— (1) An employer is entitled to dismiss, summarily without notice, an employee who is guilty of serious misconduct of such anature that it would be unreasonable to require the employer to continuethe employment relationship.

(2) Serious misconduct includes but is not limited to —

(a) wilful disobedience of lawful orders given by the employer;(b) repeated substantial neglect of duties;

(c) repeated absence from work without the permission of theemployer or without reasonable excuse;

(d ) refusing to follow health and safety measures instituted at work thereby endangering the health and safety of employeesor members of the public;

(e) theft or wilful damage of property of the employer or anotheremployee at the work place; or

( f ) conduct inconsistent with the fulfillment of the expressed orimplied terms of the employee’s contract of employment.

(3) The serious misconduct referred to in subsection (1) isrestricted to conduct which is directly related to the employment relationship or has a detrimental effect on the business of the employeror the work relationship.



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Entitlement to remuneration on summary dismissal

134. Where an employee is dismissed summarily for misconduct or where he or she is dismissed for unsatisfactory performance in accordance with 136(5), that employee is entitled to all remuneration,including accrued leave, up to the date of dismissal.

Warnings and termination for misconduct

135.— (1) Where an employee is found to be in breach of his or herterms and conditions of employment or is guilty of any misconduct such that the employer cannot reasonably be expected to continue toemploy him or her if it is repeated, the employer may give the employeea written warning outlining the particulars of the offence.

(2) If an employee after being warned two more times after thewarning referred to in subsection (1), is again found to be in breach of his or her terms and conditions of employment or is guilty of anymisconduct in the following twelve months, the employer may dismissthe employee.

(3) An employer shall be deemed to have waived his or her right to dismiss an employee for a particular offence or instance of misconduct if he or she has failed to do so within the twelve monthsperiod after having knowledge of the particular offence or misconduct provided that any investigation has been completed.

Unsatisfactory performance

136. —(1) Where the employee is not performing his or her dutiesin a satisfactory manner, the employer shall give him or her a written warning and appropriate instructions to correct the unsatisfactoryperformance.

(2) If the employee, after being warned a further two times afterthe warning in subsection (1), does not at any time during the followingone month period demonstrate that he or she is able to perform andhas performed duties in a satisfactory manner, the employer maydismiss the employee.

Dismissal where unsatisfactory performance is due to the natural agingprocess

137.— (1) Where an employer alleges that an employee is performing unsatisfactorily or is incompetent and such unsatisfactory performance



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or incompetence is due to the reasonable effect of the natural agingprocess, an employer shall not dismiss that employee for unsatisfactoryperformance in accordance with section 136(2), but shall offer to that employee the option of early retirement or shall redeploy the employeewithin the establishment or in any other establishment under the controlof the employer, provided that the employee shall not lose any benefitsas a result of the redeployment.

(2) Where an employee is offered early retirement, he or sheshall be entitled to a payment of termination benefits calculated in accordance with this Part up to the day of termination for earlyretirement.

Dismissal for lack of qualifications or skills

138. Where an employer terminates the employment of an employee because that employee does not possess the qualificationsor skills which he or she purported to hold in order to perform the kindof work which he or she was employed to do, the termination shall not

be construed as an unfair dismissal.

Dismissal for fundamental breach of contract

139. Where an employer dismisses an employee because that employee has breached a fundamental term of the contract of employment, this shall not be construed as an unfair dismissal.

Natural justice safeguards

140. Where an employee is accused of misconduct he or she isentitled to have the principles of natural justice applied to his or hercase.

Options to suspend or warn in lieu of dismissal

141. An employer may, where he or she is entitled to dismiss an employee fairly, choose the option of —

(a) warning the employee; or

(b) suspending that employee without pay for a period not

exceeding one month;in lieu of dismissal.



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Suspension with pay

142. — (1) Subject to subsections (2) and (3), where an employee isalleged to have committed an act of serious misconduct or grossincompetence, the employer may suspend that employee with pay fora period not exceeding four weeks in order to investigate the complaint.

(2) The right of an employer to dismiss an employee summarilyfor serious misconduct or to dismiss the employee for incompetenceor unsatisfactory performance in accordance with this Part is not waived by exercising the option of suspension if the allegation of seriousmisconduct or incompetence is proved to the satisfaction of theemployer.

(3)Where an allegation of serious misconduct sufficient to grounda charge of summary dismissal in accordance with section 133 is provedafter an investigation pursuant to subsection (1), the employer shall beentitled to claim any amounts of wages paid during the time of suspension referred to in subsection (1).

Dismissal for reason of incapacity or abuse of sick leave

143.— (1) Where an employee has been —

(a) continuously ill for a period exceeding twenty six weeks suchthat he or she is no longer capable of adequately performinghis or her job; or

(b) injured in a manner that makes it difficult or impossible forhim or her to continue to perform his or her job;

the employer, after a registered medical practitioner has certifiedsuch incapacity and it is determined that the employee is incapable of performing his or her job, may dismiss the employee if such incapacitypresents an undue hardship to the business or enterprise.

(2) Where an employee has taken sick leave frequently with orwithout a medical certificate such that the employer reasonablydetermines that such absences present an undue hardship to the businessenterprise or amounts to an abuse of sick leave provisions under thisCode, the employer may dismiss the employee.

(3) The burden of proving that the employee’s sick leave absenceswere abusive or that such absences present an undue hardship to the

business enterprise shall rest on the employer.



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Remuneration due upon dismissal

144. Where an employee is dismissed for misconduct or for unsatisfactory performance or for breach of contract in accordancewith this Division, he or she is entitled to remuneration and accruedleave up to and including the date of the dismissal.

Termination due to redundancy

145.— (1) An employer may terminate the employment of theemployee because conditions of redundancy exist which make theemployee’s position redundant pursuant to subsection (2).

(2) For purposes of subsection (1), an employee’s position may

be made redundant where the termination is because —

(a) the employer has modernized, automated or mechanized allor part of the business;

(b) the employer has discontinued to carry on all or part of the business;

(c) the employer has sold or otherwise disposed of all or part of the business;

(d ) the employer has reorganized all or part of the business;

(e) it has become impossible or impracticable for the employer

to carry on all or part of the business at its usual rate or levelor at all, due to –

(i) a shortage of materials;

(ii) a mechanical breakdown;

(iii) an act of God; or

( f ) a reduced operation in all or part of the employer’s businesshas been made necessary by economic conditions, includinga lack of or change in markets, contraction in the volume of work or sales, reduced demand or surplus inventory.

(3) Prior to terminating the employment of any employee pursuant to this section, the employer shall —



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(a) inform the trade union recognized in accordance withDivision 2 of Part VII or, if none exists, the employees’representative and the employee as early as possible, of inter alia —

(i) the existence of any situation described under subsection (2);

(ii) the reasons for the terminations contemplated;

(iii) the number and categories of the persons likely to beaffected; and

(iv) the period over which such terminations are likely to becarried out;

(b) consult as early as possible with that recognized trade union,or if none exists, the employees’ representative, and theemployee on —

(i) the possible measures that could be taken to avert orminimize the adverse effects of such situations on employment; and

(ii) the possible measures that could be taken to mitigate theadverse effects of any terminations on the employeesconcerned;

(c) notify the Labour Commissioner as early as possible, givingrelevant information, including a written statement of —

(i) the reasons for the terminations;(ii) the number and categories of workers likely to be affected;

and

(iii) the period over which the terminations are likely to becarried out.

Constructive redundancy

146.— (1) An employee shall be deemed to have been made redundant where his or her contract of employment is terminated due to thechanging requirements of the business relating to new skills,qualifications or expertise.

(2) Where an employee, without his or her consent, is consistentlyprovided with terms and conditions of work which are not of the kindwhich he or she is employed to do, that employee shall be deemed to

be in a situation of redundancy and is entitled to compensation forredundancy pay in accordance with Division 11.



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Effect of sale

147.— (1) Where one of the purposes of a sale or other disposition of a business or part of a business is to enable an employer to avoidany of his or her obligations under this Code or to deprive any employeeof any right under this Code, all of the obligations of the person sellingor otherwise disposing of the business under this Code shall be bindingon the person acquiring the business or part of a business.

(2) Nothing in subsection (1) shall be interpreted as restricting an employer from making a bona fide sale of his or her business or part of a business.

Lay-offs and suspensions148.— (1) Subject to subsection (2), where an employee has been

laid-off for a continuous period of at least twelve weeks, such lay-off shall be deemed a termination due to redundancy in accordance withthis Division.

(2) The provisions of subsection (1) do not apply to an employeewho is employed in the hospitality industry or any other industrydesignated by the Minister as a seasonal industry and who actuallyperforms work on a seasonal basis, except where work which theemployee is habitually employed to do is not offered to that employeefor the following season.

(3) If after two consecutive seasons an employee habituallyengaged in seasonal work is not offered work, the employer shall bedeemed to have terminated the employee’s contract of employment.

(4) The Minister may, after consultation with employees andemployers representatives, make special Regulations for lay-off andredundancy for certain sectors of industry and for specific categoriesof workers from time to time as he or she deems necessary.

Option for severance pay from successor employer

149. Where there is a successor employer of an enterprise an employee of the former employer shall have the option to have his or

her contract of employment terminated and receive severance paycalculated in accordance with Division 11 or to continue with thesuccessor employer within four weeks of the transfer of the enterpriseto the successor employer.



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Winding up

150.— (1) The winding up or insolvency of an employer’s businessshall cause the contract of employment of any employee to terminateone month from the date of winding up or the appointment of a receiver,

unless the employment is otherwise terminated before that period.

(2) This section shall not apply where, notwithstanding the winding up or insolvency, the business continues to operate.

(3) On the winding up or appointment of a receiver of an employer’s business, the claim of an employee or those legally entitled to make aclaim on his or her behalf to wages and other payments to which he or

she is entitled under this Code or any contract shall have priority overall other creditors, including the State and the social security systemfor the following amounts —

(a) wages, overtime pay, commissions and other forms of remuneration relating to work performed;

(b) accrued vacation leave benefits as a result of work performedduring the two years preceding the date of the opening of winding-up or appointment of the receiver;

(c) amounts due in respect of other types of paid absence accruedduring the twelve months preceding the date of the openingof winding up or appointment of the receiver;

(d ) redundancy pay, severance pay, compensation for unfairdismissal and other payments due to employees upon termination of their employment.

Death of employer

151. When the employer’s personal or legal position formed the basis of the contract of employment, the death of the employer shallcause the contract of employment to terminate one month from thedate of the employer’s death, unless the employment is otherwiseterminated.

Priority debts on death of employer

152. On the death of an employer, the claim of an employee orthose legally entitled to make a claim on his or her behalf to wages,severance pay, compensation for dismissal and any other employment terminal payments or benefits shall have priority over all othercreditors, including the State and the social security system.



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Notice periods and exemptions from notice

153.— (1) Where a valid reason for termination exists in accordancewith this Code, a contract without reference to limit of time, except during the probationary period, may be terminated by the employer

upon giving to the employee the following minimum periods of noticein writing —

(a) one week’s notice if the period of continuous employment ismore than twelve weeks but less than two years;

(b) two weeks’ notice if the period of continuous employment istwo years or more but less than five years;

(c) four weeks’ notice if the period of continuous employment is

five years or more but less than ten years; and

(d ) six weeks’ notice if the period of continuous employment ismore than ten years.

(2) The notice required to be given by an employee who has been continuously employed for an indefinite period to terminate his or hercontract of employment shall not be less than —

(a) one week’s notice if his or her period of continuousemployment is more than twelve weeks but less than fiveyears; and

(b) two weeks’ notice if his or her period of continuous

employment is five years or more.

(3) Any provision for notice in any contract of employment withan employee shall have effect subject to the foregoing subsections, but nothing in this section shall be taken to prevent either party from waivinghis or her right to notice on any occasion or from accepting a payment in lieu of notice.

(4) The periods of notice under subsections (1) and (2) shall not apply where longer periods of notice are regulated by a collectiveagreement or by mutual agreement.

(5) The periods of notice under subsection (1) shall not apply —

(a) where the employer is entitled to summarily dismiss an employee for serious misconduct under this Code;

(b) where there is agreement of both parties in writing toterminate the contract of employment; or



737


(c) where the termination is due to an act of God, civilcommotions, riots, destruction of all or part of the plant or

business by fire not caused by the wilful act or negligence of the employer.

(6) A notice of termination under subsection (1) shall not be given by an employer during an employee’s period of absence on any leavegranted under any enactment in force.

(7) For the purpose of subsection (6), leave includes paid annualleave, maternity leave, sick leave, leave for national service, leavefor public duty and leave for serious family responsibility.

(8) Where the contract of employment is terminated at the end of a specified period of time or because of the attainment by the employeeof the normal age of retirement by virtue of custom, laws, collectiveagreement, work rules or otherwise, no notice of termination isrequired.

Notice not relevant to question of unfair dismissal

154. The question of whether an employee has been dismissed byhis or her employer with or without notice shall not be relevant to thequestion of whether the employee was dismissed fairly or unfairly.

Payment in lieu of notice

155.— (1) In lieu of providing notice of termination, the employermay opt to pay the employee a sum equal to the employees’ wages andother remuneration and confer on the employee all other benefits up tothe expiry of any period of notice.

(2) Where an employee terminates the contract of employment without notice in circumstances in which notice is required and theemployer has not waived the right to notice, the employee is entitled to

be paid such wages and other remuneration and to receive such other benefits which occured at the date of termination and the employer isentitled to deduct a sum in lieu of notice.

Certificate of termination156.— (1) On the termination of a contract of employment, an

employer, if so requested by the employee, shall provide the employeewith a certificate of termination indicating —





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(2) The parties to a contract of employment may, by agreement,agree to an age of retirement exceeding the pensionable age in forcepursuant to the National Insurance Corporation Act.

DIVISION 11Termination Benefits

Redundancy pay

160.— (1) On termination of employment due to redundancy an employee who has completed no less than two years of continuousemployment with his or her employer is entitled to be paid by theemployer redundancy pay equivalent to —

(a) one week’s basic pay for each completed year of service upto the first three years;

(b) two weeks’ basic pay for each completed year of service in excess of three years and up to seven years; or

(c) three weeks’ basic pay for each completed year of servicein excess of seven years of service.

(2) For the purposes of subsection (1), the amount of a week’spay shall be the amount the employee would be entitled to in the last week of his or her employment or three hundred and fifty dollarswhichever is lower.

(3) The payment of redundancy pay under subsection (1), shallnot affect the employee’s entitlement, if any, to payment in lieu of notice under section 155 or to compensation or award or to anyoutstanding wages, benefits, other remuneration for work performed

by that employee or any other termination benefits.

Severance pay

161.— (1) The Minister may, after consultation with the trade unionsand the employers’ organizations, make Regulations relating toseverance.

(2) Until such time as the Minister makes Regulations pursuant to subsection (1), the existing collective agreements and practicesrelating to severance shall continue.



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Non-entitlement to redundancy pay

162.— (1) An employee is not entitled to a redundancy payment where the employee —

(a) is fairly dismissed in accordance with this Code for seriousmisconduct or misconduct, fundamental breach of theemployment contract, or lack of qualification or skill wherethe employee purported to have such qualification or skill;

(b) unreasonably refuses to accept an offer in writing of re-employment by the employer at the same place of work,

under no less favorable terms and conditions than he or shewas employed immediately prior to the termination;

(c) is employed under a contract of employment for a specifiedperiod of time and that period expires on the relevant datewithout being renewed under the same contract;

(d ) refuses to accept a suitable offer of re-employment made in writing by the employer to the employee before theredundancy, for employment in a different capacity and in adifferent place or under different terms and conditions of employment which would take effect not later than four weeksafter the redundancy.

(e) is employed by a partnership and his or her employment ceases on the dissolution of the partnership, and he or sheeither enters into employment with one or more of the partners

immediately after such dissolution, or unreasonably refusesto accept an offer of employment by any such partner on noless favorable terms than he or she was employed immediatelyprior to the dissolution;

( f ) is employed by an employer who dies, and the employeeeither enters into the employment of the personalrepresentative, widow, widower, or any heir of the deceasedemployer immediately after such death, or he or she

unreasonably refuses to accept an offer of employment byany such person on no less favorable terms than those underwhich he or she was employed immediately prior to the death;or

(g) voluntarily terminates the contract of employment except in a situation of constructive dismissal or where he or she, in agreement with his or her employer, or pursuant to the termsof a collective agreement or the contract of employment,chooses to retire from employment.



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Payment to beneficiary and complaint against non-payment

163.— (1) Where a contract of employment is terminated byreason of the death of an employee, termination benefit shall be paidto —

(a) the named beneficiary; or

(b) in the absence of the named beneficiary, the surviving spouseof the deceased employee; or

(c) in the absence of a spouse or named beneficiary of thedeceased employee, to such other dependant relative of thedeceased employee as the court may decide.

(2) A complaint that termination benefits have not been paid within two weeks from the date of termination may be taken to court, and if the complaint is found to be proven to the satisfaction of the court, it shall order payment of the amount due.

Special provisions for hospitality and other seasonal employees

164.— (1) For the purposes of this Division, where a seasonalemployee in the hospitality industry or any industry or employment of a seasonal nature or an industry designated as seasonal by the Ministerpursuant to section 2 has been engaged in employment by a particularemployer for a period in aggregate of twenty-six weeks or more in any one year, that employee shall be treated as being continuously

employed for that year by his or her employer.

(2) Where a seasonal employee has been continuously employedin accordance with subsection (1) for a period amounting to twenty-four months, that employee shall be deemed to come under theprovisions of this Division for the purposes of severance pay orredundancy pay.

(3) In the case of hospitality employees and other seasonalemployees designated by the Minister to come under the provisions of this Division, a week’s basic pay for the purposes of computingredundancy pay in relation to a hospitality employee or other seasonalemployee designated by the Minister means the average basic pay perweek in the two full seasons immediately preceding the date on whichhe or she ceases to be employed and the number of weeks to becomputed in accordance with subsection (1).



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Part-time employees

165.— (1) A part-time employee shall qualify for redundancy paywhere he or she has been continuously employed for an aggregate of two years and he or she works for not less than three days of eachweek.

(2) Any week in which the employee is employed for twenty-fourhours or more shall count in computing a period of employment forthe purposes of severance pay or compensation for unfair dismissal.

Provision for pro rata payment

166.— (1) Where any debt arising out of obligations under this

Division is owed by the employer to the employee, the LabourCommissioner may, in his or her discretion, permit the payment of such debt to be made pro rata.

(2) An arrangement for payment of a debt to be paid on a pro rata basis as referred to in subsection (1) shall be administered by theLabour Commissioner, who shall cause such payment to be lodgedand recorded at the Labour Department and shall cause such payment to be issued to the employee named as the beneficiary of the debt payment.

Contesting of redundancy

167.— (1) Where the certified trade union at the workplace is of theopinion that conditions of redundancy as defined under this Code donot exist at the workplace, the trade union may lodge an objection tothe redundancy with the Labour Commissioner.

(2) An objection to a redundancy shall be in writing, setting out the reasons for the objection.

(3) Where the Labour Commissioner is of the opinion that an objection to a redundancy is reasonable, the Labour Commissionershall, in writing, notify the employer of the objection and shall orderthe employer to make immediately available to the LabourCommissioner the accounts, statements and other relevant documents

of the industrial establishment of the employer claimed to be in acondition of redundancy.



743


(4) Where an employer receives an order from the LabourCommissioner pursuant to subsection (3) and the employer refuses toobey the order, the employer commits an offence and is liable to afine not exceeding ten thousand dollars.

PART IVOCCUPATIONAL SAFETY AND HEALTH

DIVISION 1 Registration and Requirements of Industrial Establishments

Interpretation

168.— (1) In this Part —

“article” means an object which is formed to a specific shape ordesign during its manufacture or which in its natural shape,and which use in that form is dependent in whole or in part on its shape or design;

“employer” includes, as the context requires, the operator,principal contractor, contractor or subcontractor;

“committee” means a joint workplace safety and healthcommittee established pursuant to section 192;

“committee member” means a member of a committeeestablished pursuant to section 192.

(2) A person who is employed in an industrial establishment whether for wages or not, either in a process or in cleaning or oilingany part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connectedwith the article made or otherwise the subject of the process therein,shall, save as is otherwise provided by this Part, be deemed to beemployed therein for the purposes of this Part and any proceedingsthereunder.

(3) A young person who works in an industrial establishment,whether for wages or not, in collecting, carrying or delivering goods,

carrying messages or running errands shall be deemed to be employedin the industrial establishment for the purposes of this Part or of anyproceedings under this Part.



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(4) For the purposes of this Part and Regulations made pursuant to this Part, a ship being manufactured or under repair shall be deemedto be a construction site.

(5) An owner does not become an employer at a construction site by virtue only of the fact that the owner has engaged an architect,professional engineer or other person solely to oversee quality controlat a construction site.

General application

169.— (1) Except where otherwise expressly provided, this Part shall apply to every industrial establishment, to all owners and occupiers

of industrial establishments, and to all employers and all employees.

(2) Except where otherwise provided, this Part shall apply toindustrial establishments belonging to or occupied by the State, but in case of any public emergency, the Minister may, by Order publishedin the Gazette, for the duration of the period specified in the Order,exempt from this part any industrial establishment —

(a) belonging to or occupied by the State;

(b) in which work is being carried out on behalf of the State; or

(c) whose activities are vital to the national interest.

Work in private residences

170.— (1) This Part shall not apply to work performed by the owneror occupier of a private residence in or about a private residence orthe lands and appurtenances used in connection therewith.

(2) The provisions of this Part shall apply to homeworkers whoemploy other employees in the home for the purpose of such homework,and to homeworkers who are employed under contracts of employment.

Appointment of Chief Occupational Safety and Health Officer and other

officers

171.— (1) The Public Service Commission shall appoint the Chief

Occupational Safety and Health Officer and such other occupationalsafety and health officers as are necessary to enforce and administerthe provisions of this Part.



745


(2) The authorised officers appointed pursuant to subsection (1)shall be under the control and direction of the Labour Commissionerand shall be supervised by the Chief Occupational Safety and HealthOfficer.

(3) Subject to subsection (4), all industrial establishments and allmachinery and equipment shall be inspected by the authorised officerson behalf of the Department of Labour.

(4) The Minister may make Regulations for the inspection of industrial establishments, machinery and equipment or of some classesof industrial establishments or of certain kinds of machinery, by personsother than the authorised officers as may be designated in theRegulations.

(5) A person who is an employer or person having control of anyindustrial establishment or is directly or indirectly interested in suchestablishment or in any process or business carried on therein, or in apatent connected therewith, or is employed in or about suchestablishment, shall not be appointed as an authorised officer or act assuch.

(6) The Chief Occupational Safety and Health Officer shall makereasonable efforts to ensure that persons and organizations concernedwith the purposes of this Part are provided with information and advice

pertaining to its administration and to the protection and safety of workers generally.

(7) An authorised officer shall be furnished with a prescribedcertificate of his or her appointment.

(8) When visiting an industrial establishment or place to whichany of the provisions of this Division applies, the authorised officer, if required so to do, produce the certificate referred to in subsection (1)to the employer or person having control of the industrial establishment.

Requirement for registration and pre-existing registration

172.— (1) An employer or other person having control of an industrialestablishment shall apply to the Department of Labour in the prescribedform for the registration of the industrial establishment —



746


(a) within thirty days after the coming into force of this Part, in the case of an existing industrial establishment not alreadyregistered under any other enactment; or

(b) within thirty days after the industrial establishment commences to operate as such, in the case of a new industrialestablishment.

(2) A registration effected pursuant to any other law before thedate of commencement of this Part in respect of any existing industrialestablishment shall be deemed to have been done under this Division and shall continue in effect under this Division for the purpose of theapplication of the provisions of this Part to such industrial establishment

until registration is effected in accordance with this Division.

(3) An employer or other person having control of an existingindustrial establishment referred to in subsection (2) shall, within oneyear after the coming into force of this Part, make application to theDepartment of Labour for a certificate of continuation of registration pursuant to this Division.

Application for registration and Register

173. — (1) An application pursuant to subsection 172 shall contain the following particulars —

(a) the name and address of the employer or other person having

control of the industrial establishment to which the application relates;

(b) the address and location of the industrial establishment andthe National Insurance Corporation Employers’ Registration Number;

(c) the nature and the object of the process carried on in theindustrial establishment;

(d ) the number of employees employed in the industrialestablishment-

(i) normally; and

(ii) at the date of application;(e) the hazardous substances present in the industrial

establishment, as listed in the hazardous materials inventoryrequired to be prepared under this Part; and



747


( f ) whether the industrial establishment is a major hazardinstallation.

(2) Where the Department of Labour receives an application forregistration or continued registration from an industrial establishment,the Department of Labour shall, within fourteen days of receipt of theapplication, register it and issue to the applicant a certificate of registration or continuance of registration in the prescribed form.

(3) Subject to subsection (1), an application for registration orcontinuation of registration or renewal of registration shall be madeon the prescribed form and shall be accompanied by the prescribedfee and any other information requested by the Department of Labour.

(4) A person who intends to erect or cause to be erected a newindustrial establishment or any new building appurtenant to any existingindustrial establishment shall, before the erection of such industrialestablishment or building is commenced, give notice of his or herintention in writing to the Physical Planning and Development Division and shall consult with the Department of Labour and the Fire Serviceprior to making any determination relating to the erection of theindustrial building.

(5) The Chief Occupational Safety and Health Officer shall causethe particulars of any industrial establishment registered under thissection to be entered in a register to be kept and maintained for suchpurpose.

Application for registration of change of particulars

174. Where any significant change takes place in any of theparticulars registered under section 173(5), the employer or otherperson having control of the industrial establishment shall, within thirtydays after the date upon which the change takes place, apply to theDepartment of Labour for the registration of the change, and the Chief Occupational Safety and Health Officer shall amend the register of the industrial establishment accordingly and issue to the applicant averification of registration of the change in the prescribed form within fourteen days of the change being made.

Chief Occupational Safety and Health Officer to monitor registeredindustrial establishment

175.— (1) The Chief Occupational Safety and Health Officer maytake such steps as considered necessary to ascertain whether —



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(a) any industrial establishment registered under this Part is being operated as an industrial establishment; or

(b) any change has taken place in the particulars registered undersection 173(5) in respect of any industrial establishment.

(2) Where the Chief Occupational Safety and Health Officerascertains that any registered industrial establishment is not beingoperated as an industrial establishment, or that a change has taken place in the particulars as registered in respect of any industrialestablishment, the Chief Occupational Safety and Health Officer shallremove the name of the industrial establishment from the registerkept and maintained pursuant to section 173(5) or shall make such

amendment to the register as the circumstances may require.

General powers of authorised officers

176.— (1) An authorised officer shall, for the purposes of this Part,have power—

(a) where he or she has reasonable cause to believe that anyplace is an industrial establishment or that any person isemployed in an industrial establishment, to enter, inspect and examine the industrial establishment or part of an industrial establishment as he or she deems fit;

(b) where he or she has reasonable cause to believe that explosives or highly flammable materials or toxic substancesare stored or used in any building of which an industrialestablishment or workplace forms part, to enter, inspect andexamine any part of that building as he or she deems fit;

(c) to require the production of any registers, certificates,licences, records, reports, notices and documents kept pursuant to this Part and to inspect, examine and copy thesame;

(d ) upon giving a receipt, to remove any register, certificate,licence, record, report, notice and document kept pursuant

to this Part for the purpose of making copies of or extractsfrom them, and upon making copies or extracts thereof, topromptly return the same to the person who produced orfurnished them within seven days of the removal;



749


(e) to make such examination, inquiry or test as may be necessaryto ascertain whether, in respect of any industrialestablishment or its employees, or in respect of any prescribedoccupation, the provisions of this Part and of the enactmentsfor the time being in force relating to public health are beingcomplied with;

( f ) to conduct tests, without unduly disturbing the workplace, of any equipment, machine, device, article, material, chemical,physical agent or biological agent in or about a work placeand for such purposes and, upon notifying the employer, orperson having control of an industrial establishment to takeand carry away samples as may be necessary;

(g) to require in writing an employer or person having controlof the industrial establishment to cause any tests described in paragraph (f) to be conducted, at the expense of the employer,

by a person possessing such special expert or professionalknowledge or qualifications as specified by the authorisedofficer and to provide, at the expense of the employer, areport or assessment by that person;

(h) to require any person who the authorised officer finds in an industrial establishment to give such information as it is in that person’s power to give as to who is the employer orperson having control of the industrial establishment;

(i) to examine any person who the authorised officer finds in an industrial establishment or whom the authorised officer hasreason to believe to be an employee in that industrialestablishment or to have been employed within the precedingtwo months in that industrial establishment or in respect of any prescribed occupation, and to require every such person to sign a declaration of the truth of the matters about whichhe or she is so examined;

( j ) to require, upon at least twenty four hours notice to an employee that any equipment, machine, device, article orprocess be operated or set in motion or that a system orprocedure be carried out that may be relevant to an examination, inquiry or test;



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(k ) to require, in writing, an employer or person having controlof the industrial establishment to have equipment, machineryor device tested, at the expense of the employer, by aprofessional engineer and to provide, at the expense of theemployer, a report bearing the seal and the signature of theprofessional engineer stating that the equipment, machineryor device is not likely to endanger a worker;

(l ) to require in writing that any equipment or device not be used pending testing described in paragraph (k);

(m) to require in writing that an employer or person having controlof the industrial establishment to provide a report stating —

(i) the load limits of a floor, roof, part of a building, structureor temporary structure;

(ii) that a floor, roof, part of a building, structure ortemporary structure is capable of supporting orwithstanding the loads being applied to it or likely to beapplied to it; or

(iii) that a floor, roof, part of a building, structure ortemporary structure is capable of supporting orwithstanding all loads to which it may be subjected without causing the materials therein to be stressed beyond theallowable unit stresses established under any building codeor law;

and where the authorised officer has reason to believe that this report is inadequate may cause an independent report to

be prepared;

(n) to require, in writing, an employer or person having controlof a mine or part thereof to provide, at the expense of theemployer or person having control of the industrialestablishment or part thereof, a report in writing bearing theseal and the signature of a professional engineer stating that the ground stability of the mine, the mining methods and thesupport or rock reinforcement used in the mine or part

thereof, is such that an employee is not likely to be endangered;



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(o) to require in writing, within such time as is specified, that aperson who is an employer, manufacturer, producer,importer, distributor or supplier to produce records orinformation or to provide, at the expense of such person areport or evaluation made by a person or organization havingspecial, expert or professional knowledge or qualificationsas are specified by the authorised officer, of any process,chemical, physical agent or biological agent or a combination thereof, used or intended for use in a workplace and themanner of use, including —

(i) the ingredients thereof and their common or generic nameor names;

(ii) the composition and property thereof;

(iii) the toxicological effect thereof;

(iv) the effect of exposure thereto, whether by contact,inhalation or ingestion;

(v) the protective measures used or to be used in respect thereof;

(vi) the emergency measures used or to be used to deal withexposure in respect thereof; and

(vii) the effect of the use, transport and disposal thereof;

( p) to require the production of any material concerning thecontent, frequency and manner of instruction of any trainingprogramme and inspect, examine and copy the material andattend any such programme;

(q) where the authorised officer is a registered medicalpractitioner, to carry out such medical examinations as may

be necessary for the purposes of his or her duties under thisPart;

(r ) whenever he or she has reasonable cause to believe that theremay be any serious obstruction in the execution of the powers,duties and functions given to him or her under this Part, totake a police officer with him or her into the industrialestablishment, building, ship or vessel, as the case may be;



752


(s) in the presence of the employer or a representative of theemployer, to seize and remove any article or document asevidence of a violation of this Part where he or she reasonably

believes that a violation of this Part or the Regulations has been committed;

(t ) to halt the operations of an industrial establishment where heor she reasonably believes that there is a serious andimminent threat to life or of grave physical injury to theworkers of that industrial establishment or to the public;

(u) without prejudice to the powers and duties granted to amedical inspector, investigate and inquire into the causes

and circumstances of any accident or other dangerousoccurence occurring at an industrial establishment and makea report thereof;

(v ) to exercise such other powers, duties and functions as may be necessary to give full effect of the provisions of thisPart.

(2) An authorised officer may, in any inspection, examination,inquiry or test —

(a) be accompanied and assisted by a police officer or any person having special, expert or professional knowledge of anyrelevant matter; or

(b) take photographs and use any equipment or material requiredfor such purpose.

(3) Where an article or document has been seized by an authorisedofficer in the exercise of his or her duties, that authorised officer —

(a) shall undertake the seizure in the presence of an employeror a representative of the employer;

(b) may remove the article or document seized or may detain it in the place in which it is seized; and



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(c) shall inform the person from whom the article or document is seized as to the reason for the seizure and shall give theperson a receipt for it;

and the person from whom the article or document is seized, shallimmediately bring the fact of the seizure to the attention of management.

(4) An authorised officer shall take all necessary steps to preservethe integrity of an article or a document seized pursuant to this section.

(5) The employer or person having control of an industrialestablishment and his or her agents and servants shall furnish the meansrequired by an authorised officer as necessary for the entry, inspection,

examination, inquiry, the taking of samples or otherwise for theexercise of his or her powers, duties and functions in relation to that industrial establishment.

(6) The Department of Labour shall ensure that persons andorganizations concerned with issues at the workplace are providedwith information and advice pertaining to its administration, and to theprotection of the occupational safety and health of employees generally.

Notice of discontinuance for work for young person

177.— (1) Where an authorised officer is of the opinion that theemployment of any young person in an industrial establishment or in

any particular process or kind of work in an industrial establishment isprejudicial to the health of the young person or to the health of otherpersons, he or she may serve notice in writing on the employer orperson in control of the industrial establishment requiring that theemployment of that young person in the industrial establishment or in the process or kind of work, as the case may be, be discontinued.

(2) The notice shall specify the time by which such employment has to be discontinued and such time shall not be more than seven daysfrom the date of the notice.

Non-compliance with notice

178.— (1) An employer or person in control of an industrialestablishment shall not, after the period named in the notice under

section 177, employ the young person to whom the notice relatescontrary to requirements set out in the notice, unless a medical inspectorhas, after the service of the notice, personally examined the young



754


person and certified that he or she is fit for employment in the industrialestablishment or in the process or kind of work, as the case may be.

(2) An employer or person in control of an industrial establishment who fails to comply with subsection (1) commits an offence and isliable on summary conviction to a fine not exceeding five thousanddollars or imprisonment to a term not exceeding one year or both.

Orders

179.— (1) Where an authorised officer finds that a provision of thisPart or Regulations made thereunder is being contravened, that authorised officer may order, orally or in writing, the owner,

employer, or person in charge of a workplace to comply with theprovision and may require the order to be carried out promptly orwithin such period of time as the authorised officer specifies.

(2) Where an authorised officer makes an oral order undersubsection (1), he or she shall confirm the order in writing beforeleaving the workplace.

(3) An order made under subsection (1) shall indicate generallythe nature of the contravention and, where appropriate, the location of the contravention.

(4) An order made under subsection (1) may require an employer

or person in control to submit to the Department of Labour a complianceplan prepared in the manner as directed by the Chief OccupationalSafety and Health Officer and including such items as required by theorder.

(5) The compliance plan shall specify what the employer or person in control has to do to comply with the order and when the employerintends to achieve compliance.

(6) Where an authorised officer makes an order under subsection (1) and finds that the contravention of this Part or the Regulations is adanger or hazard to the safety and health of employees, he or shemay —

(a) order that any place, equipment, machine, device, article orany process or chemical shall not be used until the order iscomplied with;





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(12) Where an order is made pursuant to this section, the Chief Occupational Safety and Health Officer shall notify the NationalInsurance Corporation in writing and the relevant recognised trade

union, if any.

Appeals from Orders

180.— (1) Any employer or person in control of a workplace,employee or trade union aggrieved by any order made by the Chief Occupational Safety and Health Officer may, within seven days of themaking of the order, appeal to the Tribunal.

(2) On an appeal under this section, the Tribunal may rescind or

affirm the order or substitute a new order.

(3) On an appeal under this section, the Tribunal may suspend theoperation of the order appealed against, pending the disposition of theappeal.

Prohibition on entering workplace after order

181. Where an order is made under section 179(6)(c), an employeror person in control shall not require or permit any employees to enterthe workplace or affected area except for the purpose of doing work that is necessary or required to remove the danger or hazard and onlywhere the employees are protected from the danger or hazard.

Notice of compliance

182.— (1) Where an employer or person in control of a workplacecomplies with an order issued pursuant to section 179, he or she shallsubmit to the Department of Labour a notice of compliance.

(2) The notice shall be signed by the employer or person in controland shall be accompanied by —

(a) a statement of agreement or disagreement with the contentsof the notice, signed by a member of the committeerepresenting employees or by a safety and healthrepresentative, as the case may be; or

(b) a statement that the member or representative has declinedto sign the statement referred to in paragraph (a).

(3) The employer shall post the notice of compliance for a periodof fourteen days following its submission to the Department of Labour



757


in a place or places in the workplace where it is most likely to come tothe attention of employees.

Injunction

183. The Department of Labour may apply to the High Court fora restraining order where a contravention of section 179(6) hasoccurred.

Establishment of Advisory Council

184.— (1) The Minister shall establish an advisory council to beknown as the Advisory Council on Occupational Safety and Healthconsisting of seven members appointed by the Minister from among

persons nominated for such appointment by bodies or personsrepresentative of the concerns referred to in subsection (2), one of whom shall be the Chief Occupational Safety and Health Officer.

(2) The members of the Advisory Council shall be appointed fora term as the Minister determines and shall be as follows —

(a) the Chief Occupational Safety and Health Officer;

(b) two persons nominated by bodies representing employers’organisations;

(c) two persons nominated by trade unions;

(d ) one person concerned with and knowledgeable in mattersrelevant to occupational safety, welfare and health; and

(e) one person nominated by the National Insurance Corporation.

(3) The Minister shall designate a chairperson and a vicechairperson of the Advisory Council from among the membersappointed.

(4) The Minister may fill any vacancy that occurs in themembership of the Advisory Council in accordance with subsection (2).

(5) Any remuneration and expenses of the members of the

Advisory Council shall be determined by the Minister and shall bepaid out of monies approved by Parliament for that purpose.

(6) The Advisory Council, with the approval of the Minister,may make rules and pass resolutions governing its procedure, including



758


the calling of meetings, the establishment of a quorum and the conduct of meetings.

(7) The functions of the Advisory Council are —

(a) to hear and receive proposals from interested persons andthe public at large on a national policy on occupational safetyand health and ways to improve occupational safety and healthin Saint Lucia;

(b) to advise the Minister on general matters relating tooccupational safety and health, or arising out of the operation of this Part which may be brought to its attention or bereferred to it, and to formulate a national policy on

occupational safety and health;(c) to make recommendations to the Minister relating to

programmes of the Department of Labour in occupationalsafety and health, including enforcement, and theimplementation of a national policy on occupational safetyand health;

(d ) to promote public awareness of occupational safety andhealth; and

(e) any other function assigned to the Advisory Council by theMinister.

(8) The Advisory Council shall file with the Minister, not laterthan the first day of June in each year, an annual report on the affairsof the Advisory Council for the previous year.

(9) The Minister shall lay the report of the Advisory Council before Parliament.

Establishment of technical committees

185.— (1) The Advisory Council may establish technical committeesto assist it in the performance of its functions and may appoint personsfrom outside of the membership of the Advisory Council as it maydeem fit to be members of any such committees.

(2) A person appointed under subsection (1) who is not a memberof the Advisory Council or a public officer may be paid suchremuneration and expenses as may be determined by the Minister.



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Appointment of medical inspectors

186.— (1) The Minister may, by notice published in the Gazette,designate a sufficient number of registered medical practitioners to

be medical inspectors for any of the purposes of this Part.

(2) A medical practitioner who is an employer or person in controlof an industrial establishment, or is directly or indirectly interestedtherein, or in any process or business carried on therein, or in a patent connected therewith, shall not act as medical inspector for that industrial establishment.

Duties and powers of medical inspectors187.— (1) A medical inspector appointed pursuant to section 186

shall have power at all reasonable times to inspect the general registerreferred to in section 209.

(2) It shall be the duty of a medical inspector to investigate andreport on —

(a) any case of death or injury caused by exposure to fumes orother noxious substances in an industrial establishment, ordue to any other special cause specified in instructions of theMinister as requiring investigation;

(b) any case of death or injury which the Department of Labour,in pursuance of any general or special instructions of theMinister, may refer to the medical inspector for that purpose;and

(c) any case of disease of which he or she receives notice underthis Part.

(3) A medical inspector, for the purpose of any investigation underthis section, shall have all the powers of an authorised officer underthis Part.

(4) The Minister may make Regulations to regulate —

(a) the duties of medical inspectors; and(b) any special inquiry, examination or investigation held or

performed by medical inspectors pursuant to instructions ordirections of the Minister.



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Periodic report of medical inspectors

188. A medical inspector shall in each year make at the prescribedtime a report in the prescribed form to the Department of Labour as tothe examinations made or duties performed by him or her in pursuanceof this Division.

Appointment of technical examiners

189.— (1) The Minister responsible for Planning may, by noticepublished in the Gazette, designate persons who, by virtue of trainingand experience, are qualified to examine equipment, drawings, plansor specifications of any workplace to be technical examiners for thepurposes of carrying out such examination or other duty under this

Part.

(2) The Minister responsible for Planning may prescribe thefees to be paid to technical examiners for any examination or dutycarried out by them under this Part.

Selection of safety and health representatives

190.— (1) At a workplace to which the provisions of section 192 donot apply and where the number of employees exceeds ten, the employeror person having control shall cause the employees to select at least one safety and health representative who is competent to perform suchfunctions from among the employees at the workplace.

(2) If a safety and health representative is not required undersubsection (1) and a committee is not required pursuant to section 192,the Labour Commissioner may, by order, require an employer to causethe employees to select one or more safety and health representativefrom among the employees at the workplace and may provide in theorder for the qualifications of such representatives.

(3) Every order made under subsection (2) may contain directionsas the Labour Commissioner considers advisable concerning thecarrying out of the functions of a safety and health representative.

(4) In exercising the power conferred under subsection (2), theLabour Commissioner shall consider the matters set out in subsection (5).

(5) The selection of a safety and health representative shall bemade by those employees who will be represented by the safety andhealth representative in the workplace, or the part or parts thereof, asthe case may be.



761


(6) Where there is a trade union or trade unions representing theemployees referred to in subsection (5), the selection of a safety andhealth representative may be delegated by a majority of such employeesto the trade union or trade unions.

Functions and powers of safety and health representatives

191.— (1) Unless otherwise required under the Regulations or byan order of an authorised officer, a safety and health representativeshall inspect the physical conditions of the workplace at least once amonth.

(2) If it is not practical to inspect the workplace at least once a

month, the safety and health representative shall inspect the physicalcondition of the workplace at least once a year, inspecting at least apart of the workplace in each month.

(3) The inspection required by subsection (2) shall be undertaken in accordance with a schedule agreed upon by the employer and thesafety and health representative.

(4) The employer and workers shall provide a safety and healthrepresentative with such information and assistance as suchrepresentative may require for the purpose of carrying out an inspection of the workplace.

(5) A safety and health representative who identifies situationsthat may be a source of danger or hazard to employees shall makerecommendations or report his or her findings thereon to theDepartment of Labour, the employer, the employees and the trade

union or trade unions representing the employees.

(6) A safety and health representative has the power—

(a) to obtain information from an employer concerning theconducting of tests on any equipment, machine, device,article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of ensuring orsafeguarding occupational safety and health;

(b) to be consulted about and be present at the beginning of testingreferred to in paragraph (a), if the representative believeshis or her presence is required to ensure that valid testingprocedures are used or to ensure that the test results arevalid; and



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(c) to obtain information from an employer respecting(i) the identification of potential or existing hazards of

materials, processes or equipment; and

(ii) safety and health, experience and work practices andstandards in similar or other industries of which theemployer has knowledge.

(7) An employer who receives recommendations from a safetyand health representative pursuant to subsection (5), shall respond in writing within twenty one days and a response of an employer underthis subsection shall contain a timetable for implementing therecommendations the employer agrees with and where he or she doesnot agree with any of the recommendations shall give reasons why heor she disagrees with the recommendations.

(8) Where a person is killed or critically injured at a workplace,the safety and health representative shall notify the Department of Labour, the employer and the Police immediately.

(9) A safety and health representative or a representative of likenature appointed or selected under the provisions of a collectiveagreement or other agreement or arrangement between the employerand the employees has, in addition to his or her functions and the powers

under the provisions of the collective agreement or other agreement

or arrangement, the functions and powers conferred upon safety andhealth representatives by this section.

(10) A safety and health representative shall maintain and keep arecord of the exercise of his or her functions and powers conferred

upon him or her by this section and shall make the same available forexamination by an authorised officer.

Establishment of joint workplace safety and health committees

192.— (1) A joint workplace safety and health committeerepresenting both employers and employees is required to beestablished —

(a) at a workplace at which twenty or more employees areregularly employed;

(b) at a workplace with respect to which an order to an employeris in effect under section 236; or



763


(c) at a workplace where fewer than twenty employees areregularly employed, with respect to a prescribed criticalsubstance.

(2) This section does not apply to an employer at a construction site at which work is expected to last less than three months.

(3) The Minister may make Regulations exempting an employeror workplace or class of employers or workplaces from the provisionsof this section.

(4) The employers of a workplace referred to in the Tenth Scheduleare exempt from the requirements of this section.

(5) Notwithstanding subsections (1), (2) and (3), the LabourCommissioner may, by order, require an employer to establish andmaintain one or more joint workplace safety and health committeesfor a workplace or a part thereof and may, in such order, provide forthe composition, practice and procedure of any committee soestablished.

(6) The employer shall cause a joint workplace safety and healthcommittee to be established and maintained at the workplace unlessthe Labour Commissioner is satisfied that a committee of like natureor an arrangement, programme or system in which the workers

participate was, on the date of commencement of this Code, establishedand maintained pursuant to a collective agreement or other agreement or arrangement and that such committee, arrangement, programmeor system provides benefits for the safety and health of the employeesequal to or greater than the benefits to be derived under a committeeestablished under this section.

(7) In exercising the power conferred under subsection (5), theLabour Commissioner shall consider —

(a) the nature of the work being done;

(b) the request of an employer, a group of the employees or thetrade union or trade unions representing the employees in a

workplace;(c) the frequency and severity of occupational disease,

occupational illness, or injury in the workplace or in theindustry of which the employer is a part;



764


(d ) the existence of safety and health programmes and proceduresin the workplace and the effectiveness thereof; and

(e) such other matters as the Labour Commissioner considersadvisable.

(8) A committee shall, pursuant to subsection (6), consist of —

(a) at least four persons, for a workplace where fewer than fiftyemployees are regularly employed; or

(b) at least six persons or such greater number of persons asmay be prescribed, for a workplace where fifty or moreemployees are regularly employed.

(9) Where an employer establishes a committee pursuant to thissection the employer shall in writing notify the Labour Commissionerof the same within fourteen days after the establishment of thecommittee.

Composition and selection of committee

193. — (1) At least half the members of a committee shall beemployees employed at the workplace who do not exercise managerialfunctions.

(2) The members of a committee who represent employees shall be selected by those employees who do not exercise managerial

functions and who will be represented by those members of thecommittee in the workplace or the part or parts thereof, as the casemay be.

(3) Where there is a trade union or trade unions representing theemployees referred to in subsection (2), the selection of the membersof a committee referred to in subsection (2) may be delegated by amajority of such employees to the trade union or trade unions.

(4) The employer shall select the remaining members of acommittee from amongst persons who exercise managerial functionsfor the employer.

(5) A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee.



765


(6) The members of a committee shall, on a rotating basis, select a chairperson from among its members.

Functions and powers of committee

194. — (l) A committee shall —

(a) identify situations that may be a source of danger or hazardto employees;

(b) make recommendations to the employer and the employeesfor the improvement of the health and welfare of employees;

(c) recommend to the employer and the employees theestablishment, maintenance and monitoring of programmes,

measures and procedures respecting the safety of employees.

(2) In carrying out its functions pursuant to subsection (1) acommittee may —

(a) obtain information from the employer respecting –

(i) the identification of potential or existing hazards of materials, processes or equipment;

(ii) safety and health experiences and work practices andstandards in similar or other industries of which theemployer has knowledge; and

(iii) maintenance of safety and health and preventative safetyand health measures;

(b) obtain information on chemical and safety data sheets;

(c) obtain information from the employer concerning theconducting or taking of tests of any equipment, machine,device, article, material, chemical, physical agent or

biological agent in or about a workplace for the purpose of occupational safety and health;

(d ) be consulted about and have a designated memberrepresenting employees present at the beginning of testingreferred to in clause (c) conducted in or about the workplaceif the designated member believes his or her presence isrequired to ensure that valid testing procedures are used, orto ensure that the test results are valid; and



766


(e) obtain information on any routine maintenance of equipment or other safety and health measures of a preventive nature.

Entitlement to be present

195. The members of the committee who represent workers shalldesignate one of them who is entitled to be present at the beginning of testing described in subsection (194)(2)(c).

Response by employers

196. — (1) An employer who receives written recommendationsfrom a committee shall respond in writing within twenty one days.

(2) A response of an employer under subsection (1) shall contain a time table for implementing the recommendations the employeragrees with and give reasons why the employer disagrees with anyrecommendations that the employer does not accept.

Minutes of proceedings

197. A committee shall maintain and keep minutes of itsproceedings and make the same available for examination and review

by an authorised officer or any other competent authority.

Inspection of workplace

198.— (1) The members of a committee who represent employeesshall designate a member to inspect the physical condition of theworkplace.

(2) Unless otherwise required by the Regulations or by an orderof the Department of Labour, a member designated under subsection (1) shall inspect the physical condition of the entire workplace at least once every three months.

(3) If it is not practical to inspect the entire workplace in any oneday in a month, in accordance with subsection (2), the memberdesignated under subsection (1), shall continue on any remaining dayof the said month to inspect at least a part of the workplace until the

entire workplace is inspected in that month.(4) The inspection required by subsection (3) shall be undertaken

in accordance with a schedule established by the committee.



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(5) The employer and the employees shall provide a memberdesignated under subsection (1) with such information and assistanceas the member may require for the purpose of carrying out an inspection of the workplace.

(6) The member designated under subsection (1) shall inform thecommittee of situations that may be a source of danger or hazard toemployees and the committee shall consider such information within a reasonable period of time.

(7) The Labour Commissioner shall after investigation by acoroner, if required, and the Police cause a review to be done wherean employee is killed or injured at a workplace from any cause.

Names of members of a committee to be posted

199. An employer required to establish a committee under thissection shall post and keep posted at the workplace the names andwork locations of the committee members in a conspicuous place orplaces where they are most likely to come to the attention of theemployees.

Meetings of committees

200.— (1) A committee shall meet at least once every three monthsat the workplace and may be required to meet by order of the LabourCommissioner.

(2) A member of a committee is entitled to —

(a) one hour or such longer period of time off from work dutiesas the committee determines is necessary to prepare foreach committee meeting; and

(b) such time as is necessary to carry out the member’s duties under this Part.

(3) A member of a committee shall be deemed to be at work during the times mentioned in subsection (3) and the member’semployer shall pay the member for those times at the members’ regular

rate as may be appropriate.

Committees of a like nature

201.— (1) Any other committee of a like nature to a committeeestablished under this section in existence in a workplace under the



768


provisions of a collective agreement or other agreement or arrangement between an employer and the employees has, in addition to its functionsand powers under the provisions of the collective agreement orarrangement, the functions and powers conferred on a committee

under this Division.

(2) Where a dispute arises as to the application of subsection (1),or the compliance or purported compliance therewith by an employer,the dispute shall be decided by the Labour Commissioner afterconsulting the employer and the employers’ trade union or trade unionsrepresenting the employers.

Consultation with committees on hygiene

202.— (1) The employer shall provide information to a safety andhealth representative or the committee concerning testing strategiesto be used to investigate industrial hygiene at the workplace.

(2) Subject to subsection (3), a safety and health representativeor a designated member of a committee representing employees at aworkplace, is entitled to be present at the beginning of testing conductedwith respect to industrial hygiene at the workplace if the representativeor the member of the committee believes his or her presence is requiredto ensure that valid testing procedures are used or to ensure that thetest results are valid.

(3) The members of the committee representing employees shalldesignate one of their members for the purpose of subsection (2).

Request for National Insurance data

203.— (1) A committee established or a safety and healthrepresentative selected under this Division may request the Department of Labour to obtain from the National Insurance Board, an annualsummary of data relating to such employer in respect of the numberof work accident fatalities, the number of lost workday cases, thenumber of lost workdays, the number of non fatal cases that requiredmedical attention without lost workdays, the incidence of occupationaldiseases, the number of work related injuries and such other data as

the committee or safety and health representative may request.

(2) Upon receipt of such annual summary of data, the Department of Labour shall send copies thereof to the committee, safety and healthrepresentative and the employers and the employer shall cause a copy



769


thereof to be posted in a conspicuous place or places at the workplacewhere it is most likely to come to the attention of the employees.

Representation during inspections

204.— (1) Where an authorised officer makes an inspection of aworkplace, the employer shall afford a committee member representingemployees or a safety and health representative, if any, or an employeeselected by a trade union or trade unions, if any, to represent it andwhere there is no trade union, an employee selected by the employeesto represent them, the opportunity to accompany the authorised officerduring the physical inspection of a workplace, or any part thereof.

(2) Where there is no member of a committee representingemployees, or safety and health representative, or employee selectedin accordance with this Division, the authorised officer shall consult during the physical inspection with a reasonable number of theemployees concerning matters of safety and health at their workplace.

(3) The time spent by a member of a committee representingemployees, a safety and health representative or an employee selectedin accordance with this Division in accompanying an authorised officerduring an inspection, shall be deemed to be work time of which he orshe shall be paid by the employer at his or her regular rate.

Obstruction of authorised officers and safety and health representatives

205.— (1) A person shall not hinder, obstruct or in any way interferewith or attempt to hinder obstruct or interfere with any authorisedofficer in the exercise of a power or the performance of a duty underthis Division or the Regulations made pursuant to this Part.

(2) An employer or person in control of a workplace, shall furnishall necessary means in his or her power to facilitate any entry,inspection, examination, testing or inquiry by an authorised officer in the exercise of his or her powers or duties under this Part or theRegulations made pursuant to this Part.

(3) A person shall not knowingly furnish an authorised officer

with false information or neglect or refuse to furnish information required by an authorised officer in the exercise of his or her duties under this Division or the Regulations made pursuant to this Part.



770


(4) A person shall not interfere with any monitoring equipment or device in a workplace so as to obstruct an authorised officer in theperformance of his or her duty or exercise of his or her power pursuant to this Division.

(5) A person shall not knowingly —

(a) hinder or interfere with a committee, a committee memberor a safety and health representative in the exercise of apower or performance of a duty under this Part;

(b) furnish a committee, a committee member or a safety andhealth representative with false information in the exerciseof a power or performance of a duty pursuant to this Part; or

(c) hinder or interfere with an employee selected by the workersto represent them in the exercise of a power or performanceof a duty pursuant to this Part.

(6) A person who contravenes a provision of this section commitsan offence and on summary conviction is liable to a fine not exceedingten thousand dollars or to imprisonment for a term not exceeding twoyears or to both.

Confidential information

206.— (1) Except for the purposes of this Part and the Regulationsmade pursuant to this Part or as required under any other law in force

in Saint Lucia —(a) an authorised officer, a person authorised in writing by theLabour Commissioner accompanying him or her or a person who, at the request of an authorised officer makes an examination, test or inquiry, shall not publish, disclose orcommunicate to any other person any information, materialstatement, report or result of any examination, test or inquiryacquired, furnished, obtained, made or received in theexercise of his or her powers and duties under this Part orRegulations made pursuant to this Part;

(b) a person shall not publish, disclose or communicate to anyother person any secret manufacturing process or trade secret acquired, furnished, obtained, made or received in the

exercise of his or her powers or duties under the provisionsof this Part or the Regulations made pursuant to this Part;

(c) a person to whom information is communicated under thisPart and Regulations made pursuant to this Part, shall not divulge the name of the informant to any other person;



771


(d ) a person shall not disclose any information obtained in anymedical examination, of an employee pursuant to this Part,made or taken under this Part except in a form calculated toprevent the information from being identified with a particularperson or case.

(2) An employer shall not seek to gain access, except by an orderof the Tribunal or in order to comply with this Code, or in order toemploy or continue to employ an employee in an establishment, to ahealth record concerning an employee without the employee’s written consent.

(3) An authorised officer or a person authorised in writing by the

Labout Commissioner who at the request of an inspector accompaniesthat member, or a person who makes an examination, test, inquiry ortakes samples at the request of the Department of Labour, is not acompellable witness in a civil suit or any proceeding, except an inquest in accordance with this Part, respecting any information, material,statement or test acquired, furnished, obtained, made or received underthis Part or the Regulations made pursuant to this Part.

(4) Subsection (1) shall not apply so as to prevent any person from providing any information in the possession of the person, includingconfidential business information, in a medical emergency for thepurpose of diagnosis or treatment.

(5) A person who contravenes this section commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars or to imprisonment for a term not exceeding two years.

Copies and reports

207. The Department of Labour may, upon receipt of a request in writing from the owner of an industrial establishment who hasentered into an agreement to sell the same and upon payment of thefee or fees prescribed, furnish to the owner or a person designated bythe owner copies of reports or orders of an authorised officer withrespect to that industrial establishment.

Immunity

208. An action or other proceeding for damages or prohibition shall not be instituted with respect to any act done in good faith in theexecution of a person’s duties under this Part or in the exercise of a



772


person’s powers under this Part or for any alleged neglect or default in the execution or performance in good faith of the person’s duties orpowers if the person is —

(a) an authorised officer, a medical inspector, a technicalexaminer;

(b) an advisor for the Department of Labour;

(c) a safety and health representative or a committee member;

(d ) an employee selected by a trade union or trade unions or byother employees to represent them.

General register

209.— (1) There shall be kept in every industrial establishment, orsuch place outside the industrial establishment as may be approved bythe Department of Labour, a register, in the prescribed form, calledthe general register and there shall be entered in or attached to that general register—

(a) the prescribed particulars relating to the persons employedin the industrial establishment who have not attained the ageof eighteen;

(b) the prescribed particulars as to the washing, white-washingor colour washing, painting or varnishing, of the industrialestablishment;

(c) the prescribed particulars relating to every accident and caseof industrial disease occurring in the industrial establishment of which notice is required to be sent to an authorised officer;

(d ) all reports and particulars required by any other provision of this Part to be entered in or attached to the general register;and

(e) such other matters as may be prescribed.

(2) The employer or person in control of an industrial establishment shall send to an inspector such extracts from the general register asthe inspector may from time to time require for the purpose of the

execution of his or her duties under this Part.

Guarding of machinery

210.— (1) Subject to subsection (3), all parts of machinery liable tocause injury shall be effectively guarded with guards of sound



773


construction, properly maintained and kept in position whenever theparts required to be guarded are in motion or in use at any speed andfor any purpose.

(2) Subject to subsection (3), whenever practicable, guards on power driven machines shall be interlocked with machine controls soas to prevent operation of the machines unless the guards are properlyin position.

(3) The provisions of subsections (1) and (2) shall not apply wherea part of machinery covered therein is necessarily exposed forexamination or for any testing, lubrication or adjustment shown by theexamination to be necessary and the examination, testing, lubrication

or adjustment can only be carried out while the part is in motion.

Cleaning and repair of machinery

211.— (1) Where any cleaning or repair work has to be undertaken on a power driven machine, the machine shall be stopped before thework is begun and adequate measures taken to ensure that the machinecannot be restarted until the work has been completed except that themachine may be restarted under the immediate control of the person responsible for the repair work where such is necessary for testing,lubrication or adjustment purposes.

(2) If any cleaning or repair work has to be carried out on a

machine, any part of which may move without the power being applied,that part shall be effectively blocked before the work is begun.

Marking of safe working load

212. The safe working load or loads shall be clearly marked upon every lifting appliance and shall not be exceeded.

Notice of assessment of risk

213. — (1) Where, during an inspection, it appears to the Department of Labour that any building or part of a building, or any part of theways, machinery or plant, in an industrial establishment is in such acondition as to be likely to cause risk of bodily injury to, or to endanger

the safety of persons employed in connection with the industrialestablishment or any class of such persons, the Department of Labourmay serve on the employer or person in control of the establishment anotice in writing—



774


(a) requiring the occupier, before a date to be specified in thenotice

(i) to furnish such drawings, specifications and otherparticulars as may be necessary to determine whethersuch building or part of the building, or such part of theways, machinery or plant can be used without risk of

bodily injury or danger to safety;

(ii) to carry out such tests as may be necessary to determinethe strength or quality of any specified parts of a building,ways, machinery or plant and to inform the Department of Labour of the results of such tests; or

(b) specifying the measures which should be adopted to removethe risk of bodily injury, or the danger to safety as aforesaid,and requiring such measures to be carried out before a dateto be specified in the notice.

(2) Where, during an inspection, it appears to the Department of Labour that the use of any building or part of a building, or any part of the ways, machinery or plant, in an industrial establishment involvesimminent risk of bodily injury, or imminent danger to the safety of persons employed in connection with the industrial establishment orany class of such persons, or to the public, the Department of Labourmay serve on the employer or person in control of the industrialestablishment, a notice in writing prohibiting such use until the building

or part of the building, or part of the ways, machinery or plant, has been repaired or altered in such a manner as to remove such imminent risk or danger.

Prohibition of children in an industrial establishment

214. Where it appears to the Department of Labour that it may be dangerous or injurious to have children present in any industrialestablishment or part of the industrial establishment during an inspection,the Department of Labour may serve on the employer or person in control of the industrial establishment a notice in writing requiringhim or her to prohibit and to prevent the admission of such children tothe industrial establishment, or part of the industrial establishment as,

the case may be.



775


Construction and sale of new machinery

215.— (1) In the construction of any machine in an industrialestablishment being a machine intended to be driven by mechanicalpower —

(a) every set screw, bolt or key on any revolving shaft, spindle,wheel or pinion shall be so sunk, encased or otherwiseeffectively guarded by situation and design as to prevent danger; and

(b) all spur and other toothed or friction gearing, which does not require adjustment while in motion, shall be completelyencased unless it is so situated, or is of such a design, as to

be as safe as it would be if completely encased.

(2) Any person who sells, or lets on hire, or as agent of the selleror hirer causes or procures to be sold or let on hire for use in an industrial establishment, any machine intended to be driven bymechanical power which does not comply with the requirements of this section, commits an offence.

(3) The Minister may make Regulations extending subsection (2)to machinery or plant which does not comply with such requirementsof this Division as may be specified in the Regulations and anyRegulations made under this subsection may relate to machinery orplant in a specified process.

Instructions on use of machines

216. In every industrial establishment,an employee shall not work at a machine, unless he or she has been fully instructed as to the dangersarising in connection with its operation, and the precautions to beobserved, and —

(a) has received sufficient training in work at the machine; or

(b) is under adequate supervision by an employee who has specialknowledge and experience in the operation of the machine.

Protective clothing and devices

217. — (1) All persons entering an area in an industrial establishment where they are likely to be exposed to the risk of head or bodily injury,injury from air contamination or any other bodily injury, shall beprovided with suitable standard protective clothing and devices, and



776


adequate instructions in the use of such protective clothing and devices,and a person shall not be permitted to be in any such area unless he orshe is wearing such protective clothing or device.

(2) In every area where protective clothing or devices are requiredto be worn, a notice to that effect shall be conspicuously displayed.

Contravention of safety

218.— (1) If it appears to the Department of Labour that there has been, in the case of any industrial establishment, a contravention of any of the provisions of section 210 or 211, the Department of Labourshall, by notice served on the occupier of the industrial establishment,

require him or her to take, within such time as may be specified in thenotice, such action as may be specified in the notice for the purpose of securing compliance with the said provisions.

(2) The Department of Labour may extend the time for compliancewith the notice pursuant to subsection (1) if satisfied that the industrialestablishment has made or is making reasonable efforts to complywith the notice.

(3) A person who, within the time specified in subsection (1) orthe extension of time specified in subsection (2), fails to comply with anotice issued under subsection (1) commits an offence and is liable fora first offence on summary conviction to a fine of ten thousand dollars

or on summary conviction for a second or subsequent offence to a finenot exceeding five hundred dollars for each day on which the offencecontinues after conviction for the prior offence.

Drinking water

219. In an industrial establishment there shall be provided andmaintained at suitable points conveniently accessible to all employees,an adequate supply of wholesome potable water.

Meals and lunchrooms

220. — (1) Subject to subsection (2), where employees take anymeals in the industrial establishment, there shall be provided and

maintained suitable and sufficient facilities for the taking of those meals.

(2) Where twenty five or more persons are employed in an industrial establishment, the employer or person in control of the



777


industrial establishment shall provide and maintain for personsemployed in the industrial establishment, adequate and suitablelunchrooms, and such lunchrooms shall be convenient for the eating of meals and shall be provided with adequate lighting, ventilation anddrinking water.

Changing facilities

221. In an industrial establishment, there shall be provided andmaintained for the use of the industrial establishment, suitable andsufficient accommodation for change of clothing not worn duringworking hours.

Dangerous fumes, dust or other impurities222.— (1) Where, in connection with the carrying on of a process,

there is given off dust, fumes or other impurities of such a characterand to such an extent as to be likely to be injurious or offensive toemployees in an industrial establishment, all practicable measuresshall be taken by an employer or person in control to protect theemployees against inhalation of the dust or other impurity and to prevent its accumulation in any workroom, and where the nature of the processmakes it practicable, exhaust appliances shall be provided andmaintained as near as possible to the point of origin of the dust orfumes or other impurity, so as to prevent contamination of the air in the workroom.

(2) Where steam is discharged into a room where persons arenormally required to work, effective steps shall be taken to dissipatethe steam from that room.

(3) In any industrial establishment, a person shall not enter or bepermitted to enter a chamber, tank, vat, pit, pipe, flue or other confinedspace in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being overcome thereby, unlessthere is a manhole of adequate size or other effective means of egress.

(4) In every industrial establishment, a person shall not enter or be permitted to enter any confined space such as is referred to in

subsection (3) until all practical measures have been taken to removethe fumes which may be present and to prevent the ingress of fumesand unless —



778


(a) the sludge or other deposit likely to give off dangerous fumeshas been removed and the space contains no other materiallikely to give off dangerous fumes;

(b) the space has been adequately ventilated and tested fordangerous fumes and has a supply of air adequate forrespiration; and

(c) a certificate in writing has been given by a competent person,for a period of validity which shall not exceed eight hours,

based on a test carried out by that person, that the space isfree from dangerous concentrations of dangerous fumes andfit for persons to enter; and

the person is wearing suitable breathing apparatus and a belt securelyattached to a lifeline, the end of which is safely secured by anotherperson standing outside the confined space.

(5) In every industrial establishment in which work is to be donein a confined space and in which dangerous fumes are likely to bepresent, there shall be provided and kept readily available for instant

use —

(a) a sufficient supply of breathing apparatus of a type approved by the Department of Labour; and

(b) belts, ropes or other appropriate life lines and suitable revivingapparatus and oxygen;

and the apparatus, ropes or other appropriate life lines shall bemaintained and shall be thoroughly examined by a competent person and a report on every such examination, signed by the person makingthe examination and containing the required particulars, shall be kept available for inspection.

(6) A sufficient number of employees shall be trained and practicedin the use of the apparatus mentioned in subsection (5) and in a methodof restoring respiration and at least one such person shall be availableat any time when work is being carried on in any confined spacereferred to in subsection (3).

(7) A person shall not enter or remain in any confined space in which the proportion of oxygen in the air is or is likely to be substantiallyreduced unless either —

(a) he or she is wearing suitable breathing apparatus; or



779


(b) the space has been and remains adequately ventilated and acompetent person has tested and certified it as safe for entrywithout breathing apparatus.

(8) A person shall not be permitted to enter a furnace, boiler,chamber, kiln, tank, vat, pipe, flue or other confined space for thepurpose of working or making an examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons toenter.

(9) A portable electric light of voltage exceeding twenty-four voltsshall not be permitted for use inside any confined space referred to in subsection (3) and where the fumes present are likely to be flammable,

no lamp or light, other than one with a flame-proof enclosure or onethat is intrinsically safe, shall be permitted to be used in such confinedspace, except that where the conditions are arduous, a centre-tapedtransformer shall be used so that the potential differences between thelive conductors and earth will not exceed twelve volts.

(10) It shall be the duty of an employer or a person in control of an industrial establishment to ensure that as far as is reasonablypossible the requirements of this section are complied with to thesatisfaction of the Department of Labour.

(11) For the purposes of this section “competent person” meansa person whether employed by an employer or person in control ornot, who has adequate knowledge of and experience in dealing withdangerous fumes, and who is certified by the Department of Labour,to perform examinations and issue certificates under this section.

Cleanliness

223.— (1) Every industrial establishment shall be kept clean andfree from effluvia arising from any drain, sanitary convenience orother source, and without prejudice to the generality of the forgoingprovision —

(a) accumulations of dirt and refuse shall be removed daily,where practicable, by suitable methods from the floors,

benches, furniture, furnishings and fittings of workrooms,and from the staircases and passages;



780


(b) the floors of every workroom shall be cleaned at least onceevery week by washing or, if it is effective and suitable, bysweeping or other method;

(c) all dirt and refuse and all waste matter, whether resultingfrom a process carried on in the industrial establishment orfrom other cause, shall be removed daily or at reasonableintervals and be suitably disposed of;

(d ) effective means shall be provided, maintained and used toprevent the breeding of insects, rats, mice or other vermin;

(e) effective means shall be provided and maintained for thedraining of wet floors, where necessary; and

( f ) all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircasesshall be suitably washed or cleaned.

(2) Where, during an inspection, it appears to the Department of Labour that in any industrial establishment any of the provisions of thissection are not required for the purpose of keeping the industrialestablishment clean or are by reason of special circumstancesinappropriate or inadequate for that purpose, the Department of Labourmay direct that the employer or person in control of that industrialestablishment be exempt from compliance with those provisions orthat those provisions shall apply as varied by that directive.

Disposal of wastes

224. Every employer or person in control shall, before theexpiration of one year from the date on which this Division comes intoforce or of such longer period as the Minister may, upon application in writing by an employer approve, make arrangements for the safeand efficient disposal of wastes and effluents resulting from anyprocesses carried on in the industrial establishment and sucharrangements shall be designed so as to ensure that the disposal doesnot result in any danger to persons, property or to the environment.

Sufficient lighting

225.— (1) Every part of an industrial establishment where employeeswork or pass shall be provided with sufficient and suitable lighting

natural or artificial or both, in accordance with approved standards.



781


(2) In every industrial establishment, effective provision shall,so far as is practicable and in accordance with prescribed standards,

be made for the prevention of —

(a) glare, either directly from a source of light or reflection from a smooth or polished surface; and

(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any person.

Noise

226. Every employer shall take adequate steps to prevent hearingimpairment caused by noise and diseases caused by vibration, from

occurring to persons in, or in the vicinity of the industrial establishment and shall comply with such directives as —

(a) the Department of Labour may issue, in order to reduce thelevel of noise or vibration generated by a machine, device orprocess; and

(b) the Chief Medical Officer or other competent person mayissue, in order to protect persons employed or in the vicinityof the industrial establishment from hearing impairment caused by noise or from diseases caused by vibration.

Overcrowding

227. — (1) Subject to subsection (2), an industrial establishment shall not be so overcrowded as to cause risk of injury or to the healthof the persons employed therein.

(2) The minimum floor space required for the purpose of compliance with subsection (1) shall be as prescribed.

Ventilation

228. In every part of an industrial establishment in whichemployees are employed, adequate and suitable ventilation by thecirculation of fresh air shall be provided and maintained.



782


Sanitary and washing facilities

229.—(1) Subject to subsection (2), the occupier of every industrialestablishment shall provide and maintain for men and women employeesseparately, adequate, clean and easily accessible sanitation and washingfacilities and such other provisions as are prescribed.

(2) Where there are twenty or more persons employed in an industrial establishment, the employer or other person in control of the industrial establishment shall provide and maintain separatesanitation and washing facilities for men and women in accordancewith subsection (1).

First Aid

230.— (1) Every employer shall keep, maintain and make availableto employees in the workplace, in a location that is readily accessible,a medicine chest or first aid kit with suitable contents and provideother first aid devices as appropriate.

(2) Each first-aid kit or cupboard shall be under the control of responsible persons who are trained in first aid treatment and testedevery three years and one of whom shall always be readily availableduring the working hours of the industrial establishment.

Medical examinations

231.— (1) A person who seeks employment in an industrial

establishment, shall be required by the employer to undergo medicalexamination as a pre-condition for employment, in places of work asthe Minister may, by Order published in the Gazette, declare.

(2) The cost of a medical examination shall be borne by theemployer if a medical examination is required for the purpose of theemployer after the expiration of the probationary period.

(3) Where a medical inspector is of the opinion that the health of a person employed in an industrial establishment has been injured byreason of the nature of work he or she is called upon to do, the medicalinspector —

(a) shall inform the Chief Medical Officer; and

(b) may, with the written consent of the employee, serve on theemployer a written notice requiring the employer to facilitatethe medical examination of the person.

(4) The notice under subsection (3), shall name the place wherethe medical examination is to be conducted and the date and time when



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it will begin and, if the examination is to be conducted at the industrialestablishment, the occupier shall provide suitable accommodation forthe conduct of the examination.

(5) In this section, “medical examination” includes pathological,chemical, physiological, radiological and audiometric tests and relevant investigations.

Minister to make Regulations for medical supervision

232. Where the Minister is of the opinion —

(a) that in any industrial establishment-

(i) a case of illness has occurred which he or she has reason to believe may be due to the nature of a process or othercondition of work; or

(ii) by reason of changes in any process or in the substances used, or of the introduction of a new process, there may be risk of injury to the health of employees in that process; or

(b) that there may be risk of injury to the health of employees in an industrial establishment —

(i) from any substance or material brought to the industrialestablishment to be used or handled therein; or

(ii) from any change of conditions of work or other conditions

in the industrial establishment;

he or she may make Regulations specifying the arrangements to bemade for the medical supervision of those employees or any class of those employees.

Certification for fire safety

233. — (1) An employer or a person in control of an industrialestablishment shall ensure that his or her industrial establishment iscertified every twenty-four months by the Chief Fire Officer as havingmeans of escape, in the case of fire, by the persons employed therein as may reasonably be required in the circumstances of each case.

(2) Subject to subsection (3), where a certificate is not in force in respect of premises used as an industrial establishment, the employeror person in control commits an offence and is liable on summaryconviction to a fine not exceeding five thousand dollars or on second or



784


subsequent conviction for this offence to a fine not exceeding fivehundred dollars for each day on which the offence continues afterconviction for the prior offence.

(3) Subject to subsection (4), an employer or a person in controlof an industrial establishment that was occupied before the date of commencement of this Code, shall be deemed to have complied withthis section if, within three months of the coming into operation of thisDivision, he or she applies in writing to the Chief Fire Officer for acertificate under this Division; and the employer or person in controlmay continue to operate the place of employment until the Chief FireOfficer has determined the application.

(4) The Chief Fire Officer may, after consultation with theDepartment of Labour, extend the time period referred to in subsection (3) having regard to all the circumstances.

(5) It shall be the duty of the Chief Fire Officer to examine theindustrial establishment and on being satisfied that subsection (3) iscomplied with, issue a certificate to that effect, and where that subsection is not complied with, the Chief Fire Officer may, by noticein writing, require the employer or person in control to make suchalteration, within such period as may be specified in the notice.

(6) The Chief Fire Officer may extend the period specified in thenotice if satisfied that the employer is taking or has taken reasonablesteps to make the alternations.

(7) An employer who fails to comply with a notice pursuant tosubsection (5), within the period specified in the notice or the extendedperiod pursuant to subsection (6), commits an offence and is liable toa fine not exceeding five thousand dollars.

(8) The certificate issued pursuant to subsection (5), which shall be kept on the premises by an employer or person in control and madeavailable for inspection by the Chief Fire Officer or the Department of Labour, shall specify precisely and in details the means of escapeprovided and shall contain particulars as to —

(a) the maximum number of persons employed or proposed to be employed in the industrial establishment as a whole and,where appropriate, the maximum number in any specifiedpart thereof;



785


(b) explosive or highly flammable materials stored or used;(c) the nature and frequency of the periodic fire fighting drills;

(d ) the purposes for which the premises are used;

(e) the means for giving warning in the event of a fire;

( f ) the means available to persons on the premises for fightingfire;

(g) the measures for securing the means of escape; and

(h) any other matters taken into account in granting the certificate;

and the Chief Fire Officer shall send a copy of the certificate to both

the Physical Planning and Development Division who shall consult with the Department of Labour.

(9) The means of escape specified in the certificate shall beproperly maintained and kept free from obstruction at all times.

Alternations after certification for fire safety

234.— (1) Where, after the grant of a certificate, it is proposed tomake any extension or structural alteration of the premises or toincrease the number of persons employed in the industrialestablishment, or to store or use explosive or highly flammable materialin the industrial establishment or to increase the extent of such storageor use, the employer or person in control shall give notice in writing of the proposal to the Chief Fire Officer and to the Department of Labour.

(2) Where the Chief Fire Officer on receipt of the notice referredto in subsection (1) is of the opinion that the means of escape will beadversely affected by the proposed changes, or that such means have

by reasons of changed conditions become insufficient, he or she may, by notice in writing, require the employer or person in control to complywith such directives, within such period of time, as it may specify.

(3) The Chief Fire Officer may, by notice in writing, prohibit orrestrict the use of an industrial establishment or require an employeror person in control to make, within the period specified in the notice,

alterations for the purposes of providing a safe means of escape in case of fire if it appears to the Chief Fire Officer that dangerousconditions with regard to escape in case of fire exist in the industrialestablishment.



786


(4) An employer or person in control shall, within the periodspecified in the notice issued by the Chief Fire Officer under thissection, carry out the alteration required by the notice, and on completion, shall notify the Chief Fire Officer in writing.

(5) Where an employer or person in control fails to notify theChief Fire Officer in respect of the matters referred to in subsection (1), or where he or she fails to comply with such directives as theChief Fire Officer may give under subsection (2) or (3), he or shecommits an offence and is liable for a first offence on summaryconviction to a fine of ten thousand dollars or on summary conviction for a second or subsequent offence to a fine not exceeding five hundreddollars for each day on which the offence continues after conviction

for the prior offence.

(6) Where the Chief Fire Officer, issues a notice pursuant tosubsection (3), he or she shall inform the Department of Labour.

(7) The Chief Fire Officer may, for the purposes of exercisinghis or her powers under subsection (6), enter an industrial establishment at any time, on the condition that the officer produces documentaryevidence of his or her authority if required to do so.

(8) A person who wilfully obstructs the Chief Fire Officer in theexercise of his or her duty under this Part commits an offence and isliable, on summary conviction, to a fine not exceeding two thousanddollars or to imprisonment for a term not exceeding six months.

(9) For purposes of this section Chief Fire Officer includes a fireofficer authorised in writing by the Chief Fire Officer.

Safety provisions in case of fire

235.— (1) In every industrial establishment, the doors that areprovided for use as fire exits shall, while work is in progress at that industrial establishment, be either left unlocked, or secured in such away as to be capable of being readily and quickly opened from theinside.

(2) Every door opening onto a stair-case or corridor from a roomand all other doors affording a means of exit from an industrialestablishment for persons employed therein, shall be constructed toopen outwards and a sliding door shall not be the exit of an industrial



787


establishment unless the employer or person in control obtains thewritten permission of the Chief Fire Officer to have such a door as theexit door.

(3) Every liftway inside a building shall be completely enclosedwith fire-resisting material, and all means of access to the lift shall befitted with doors of fire-resisting materials, except that the top of suchliftway shall be enclosed by some material easily broken in case of fire, or shall be provided with a vent.

(4) Every door or other exit or exit route affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctly and conspicuously marked by a

notice printed in green letters on a white background and the lettersshall be of such size as the fire authority may specify.

(5) The doors, exit or exit routes mentioned in subsection (4)shall be fitted with emergency lighting and well maintained luminousor illuminated exit signs if the industrial establishment is used at night or where insufficient lighting is likely to occur during an electricalpower failure.

(6) In every industrial establishment the employer, or person in control, shall make such effective provisions as the fire authority thinksfit, for giving warning in case of fire, and such warning shall be clearlyaudible throughout the building and distinct from any other signal in

use on the premises.

(7) Effective steps shall be taken to ensure that all employees arefamiliar with the means of escape in case of fire, the routine to befollowed in case of fire and the use of fire extinguishers.

(8) Such warning signs as the fire authority may specify shall beprominently displayed in any industrial establishment in whichexplosives or highly flammable materials are stored or used.

(9) The contents of every room in which employees work shall be so arranged that there is for all employees in the room a free

passageway leading to a means of escape in case of fire.

(10) Where ten or more persons are employed in an industrialestablishment in the same building above the ground floor, or whereexplosive or highly flammable materials are stocked or used in a



788


building where persons are employed, effective steps shall be taken toensure that all employed persons are familiar with the means of escape,their use and the routine to be followed in case of fire, and a record of the number and frequency of evacuation drills shall be kept andpresented on demand, for inspection by the fire authority.

(11) In every industrial establishment there shall be provided,maintained and kept readily available for use, appropriate fireequipment approved by the Chief Fire Officer for fighting fire and an employer or person in control shall ensure that a sufficient number of employees are trained in the use of such equipment and are availableduring working hours.

DIVISION 2 Hazardous Chemicals, Physical Agents and Biological Agents

Prohibition of certain chemicals and appeals against prohibition orders

236.— (1) Where a chemical, physical agent or biological agent ora combination of such chemical, physical and biological agents is usedor is intended to be used in the workplace and its presence in theworkplace or the manner of its use is, following an inspection, in theChief Occupational Safety and Health Officer’s opinion, likely toendanger the health of an employee, the Chief Occupational Safetyand Health Officer shall by notice in writing to the employer orderthat the use, intended use, presence or manner of use be —

(a) prohibited;

(b) limited or restricted in such manner as the Chief OccupationalSafety and Health Officer specifies; or

(c) subject to such conditions regarding administrative control,work practices, engineering control and time limits forcompliance as the Chief Occupational Safety and HealthOfficer specifies.

(2) Where the Chief Occupational Safety and Health Officermakes an order under subsection (1), the order shall —

(a) identify the chemical, physical agent or biological agent, ora combination of such a chemical and agents, and the mannerof use that is the subject matter of the order; and

(b) state the opinion of the Chief Occupational Safety and HealthOfficer as to the likelihood of the danger to the health of



789


employees, and the Chief Occupational Safety and HealthOfficer reasons in respect thereof, including the matters orcauses which give rise to the Chief Occupational Safety andHealth Officer’s opinion.

(3) The employer shall provide a copy of an order made undersubsection (1), to the committee, safety and health representative andtrade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to cometo the attention of the employees who may be affected by the use,presence or intended use of the chemical, physical agent or biologicalagent or a combination of such a chemical and agent.

(4) Where an employer, considers that he or she is aggrieved byan order made under subsection (1), the employer may, by notice in writing, within seven days of the making of the order, appeal to theTribunal.

(5) On receipt of a notice of appeal under subsection (4), theTribunal may suspend the operation of the order appealed from pendingthe disposition of the appeal.

(6) The Tribunal may, having regard to the circumstances,determine the appeal within thirty days of notice of such appeal.

(7) On an appeal, the Tribunal, may substitute its findings forthose of the Chief Occupational Safety and Health Officer and mayrescind or affirm the order appealed from or make a new order in substitution therefor and such order shall stand in the place of andhave the like effect as the order of the Chief Occupational Safety andHealth Officer.

(8) The Chief Occupational Safety and Health Officer, in makinga decision or order under subsection (1), or the Tribunal undersubsection (8), shall consider as relevant factors —

(a) the relation to the chemical or agent, combination of chemicalsand agents or by product to a chemical or a biological agent that is known to be a danger to health;

(b) the quantities of the chemical or agent, combination of chemicals and agents or by product used or intended to be

used or present;



790


(c) the extent of exposure;(d ) the availability of other processes, chemicals and agents or

equipment for use or intended use;

(e) data regarding the effect of the process or chemical or agent on health; and

( f ) any criteria or guide with respect to the exposure of employeesto a chemical, physical agent or biological agent or acombination of such a chemical and agents that are adopted

by the Regulations.

(10) This section does not apply to critical substances.

Notice for new chemicals or biological agents

237.— (1) Except for purposes of research and development, aperson shall not —

(a) manufacture;

(b) distribute; or

(c) supply;

for commercial or industrial use in a workplace any new chemical ornew biological agent unless the person first submits to the Department of Labour notice in writing of the person’s intention to manufacture,distribute or supply such new chemical or agent and the notice shallinclude the ingredients of such a new chemical or agent and theircommon or generic names, the composition and properties thereof and relevant safety data sheets.

(2) Where, in the opinion of the Chief Occupational Safety andHealth Officer, which opinion shall be made within twenty-four hours,the introduction of the new chemical or new biological agent referredto in subsection (1) may endanger the safety or health of the employeesin a workplace, the Chief Occupational Safety and Health Officershall require the manufacturer, distributor or supplier, as the casemay be, to provide, at the expense of the manufacturer, distributor or

supplier, a report or assessment, made or to be made by a person possessing such special, expert or professional knowledge orqualifications as are specified by the Chief Occupational Safety andHealth Officer, of the new chemical or agent intended to bemanufactured, distributed or supplied and the manner of use.



791


(3) For the purpose of this section, a chemical or biological agent is not considered to be new if, before a person manufactures, distributesor supplies the chemical or agent in Saint Lucia, it was used in aworkplace other than the person’s workplace in Saint Lucia, or it isincluded in an inventory compiled or adopted by the Department of Labour.

Inventory of chemicals and physical agents

238.— (1) An employer shall make or cause to be made and shallmaintain an inventory of all hazardous chemicals and all hazardousphysical agents that are present in the workplace.

(2) The inventory required under subsection (1) —(a) shall contain such information as may be prescribed, and in

addition shall include —

(i) toxic properties, including both acute and chronic healtheffects to any part of the body;

(ii) chemical or physical characteristics, includingflammable, explosive, oxidising and dangerously reactiveproperties;

(iii) corrosive and irritant properties;

(iv) allergenic and sensitising effects;

(v) carcinogenic effects;(vi) teratogenic and mutagenic effects;

(vii) effects on the reproductive system;

(b) shall be prepared in consultation with the committee or safetyand health representative, if any, for the workplace or withan employee selected by the employees to represent them, if there is no committee or safety and health representative.

(3) Where an inventory required by subsection (1), is amendedduring a year, the employer, not later than the 1st day of February in the following year, shall prepare a revised version of the inventory

incorporating all changes made during the preceding year.

(4) Where an employer is required to identify or obtain the identityof the ingredients of a hazardous chemical, the employer shall not bein contravention of this Code if the employer has made every effort



792


reasonable in the circumstances to identify or obtain the identity of theingredients, but has been unable to do so due to circumstances beyondthe employer’s control.

(5) An employer shall advise the Department of Labour in writingif, after making reasonable efforts, the employer is unable to identifyor obtain the identity of the ingredients of a hazardous chemical asrequired under this Code.

(6) Except as may be prescribed, subsection (1) does not apply toan employer who undertakes to perform work or supply services on aconstruction site in respect of chemicals to be used on the site.

(7) The employer shall keep readily accessible at the workplacea floor plan showing the names of all hazardous chemicals and theirlocations and shall post a notice stating where the floor plan is kept in a place or places where it is most likely to come to the attention of employees.

Labelling of chemicals

239.— (1) An employer —

(a) shall ensure that all hazardous chemicals present in theworkplace are labelled in a way easily understandable to theemployees, or are identified in the prescribed manner;

(b) shall obtain or prepare, as may be prescribed, an unexpiredchemical safety data sheet for all hazardous chemicals present in the workplace;

(c) shall ensure that —

(i) the identification required under paragraph (a); and

(ii) the chemical safety data sheets required by paragraph(b);

are available in English and such other languages as may beprescribed;

(d ) shall ensure that when hazardous chemicals are transferred

into other containers or equipment, the contents are indicatedin a manner which will make known to employees theiridentity, any hazards associated with their use, and any safetyprecautions to be observed; and



793


(e) shall ensure that information is provided on the handling anddisposal of hazardous chemicals which are no longer requiredand containers which have been emptied but which maycontain residues of hazardous chemicals, so that the risk tosafety and health and to the environment is eliminated orminimized.

(2) A person shall not remove or deface the label or identification referred to in subsection (1)(a).

(3) An employer shall ensure that a hazardous chemical is not used, handled or stored at a workplace, unless the prescribedrequirements concerning identification, chemical safety data sheets

and employee instruction and training are met.

(4) An employer shall advise the Department of Labour in writingif the employer, after making reasonable efforts, is unable to obtain alabel or chemical safety data sheet required under subsection (1).

(5) A chemical safety data sheet expires three years from thedate it was prepared.

Copy of inventory to be made available

240.— (1) A copy of the most recent version of the inventory and of a chemical safety data sheet in respect of hazardous chemicals in a

workplace shall be —

(a) made available by the employer in the workplace in such amanner as to be accessible and to allow examination by theemployees;

(b) furnished by the employer to the committee or safety andhealth representative, if any, for the workplace or to an employee selected by the employees to represent them if there is no committee or safety and health representative;

(c) furnished by the employer on request, to the medical inspectorof the district in which the workplace is located;

(d ) furnished by the employer on request, to the Chief FireOfficer; and

(e) filed by the employer with the Department of Labour on request.



794


(2) The Department of Labour, at the request of any person witha relevant interest, shall request an employer to furnish a copy of themost recent version of the inventory or of an unexpired chemical safetydata sheet, as the case may be.

(3) At the request of any person with a relevant interest, theDepartment of Labour shall make available to the person, for inspection,a copy of any inventory or chemical safety data sheet requested by theperson and in the possession of the Department of Labour.

(4) The Department of Labour shall not disclose the name of anyperson who makes a request under subsection (2) or (3).

(5) An employer who makes a chemical safety data sheet readilyaccessible on a computer terminal at a workplace —

(a) shall take all reasonable steps necessary to keep the terminalin working order;

(b) shall give an employee upon request a copy of the chemicalsafety data sheet; and

(c) shall teach all employees who work with or in proximity tohazardous chemicals, the safety and health representative,if any, at the workplace and the members of the committee,how to retrieve the chemical safety data sheet on the computerterminal.

Assessment of chemicals

241.— (1) An employer shall assess all chemicals and biologicalagents produced in the workplace for use therein to determine if theyare hazardous.

(2) The assessment required under subsection (1) shall be in writing and a copy of it shall be —

(a) made available by the employer in the workplace in such amanner as to allow examination by the employees;

(b) furnished by the employer to the committee or safety andhealth representative, if any, for the workplace or to an employee selected by the employees to represent them, if there is no committee or safety and health representative.



795


Information from manufacturers

242.— (1) A person who distributes or supplies, directly or indirectly,or manufactures, produces or designs an article for use in a workplacethat causes, emits or produces a hazardous physical agent when thearticle is in use or operation shall ensure that such information as may

be prescribed is readily available respecting the hazardous physicalagent and the proper use or operation of the article.

(2) Where an employer has an article described in subsection (1), in the workplace, the employer shall ensure that the information referred to in that subsection has been obtained and is —

(a) made available in the workplace for employees who use or

operate the article or who are likely to be exposed to thehazardous physical agent; and

(b) furnished by the employer to the committee or safety andhealth representative, if any, for the workplace or an employee selected by the employees to represent them, if there is no committee or safety and health representative.

(3) An employer to whom subsection (2) applies, shall makeavailable to employees or post prominent notices identifying andwarning of the hazardous physical agent in the part of the workplacein which the article is used or operated or is to be used or operated.

(4) Notices required under subsection (3), shall contain suchinformation as may be prescribed and shall be in English and suchother language as may be prescribed.

Participation in training

243.— (1) In addition to providing information and instruction to an employee as required by section 242(2)(a), an employer shall ensurethat an employee exposed or likely to be exposed to a hazardouschemical or to a hazardous physical agent receives, and participatesin, such instruction and training as may be prescribed.

(2) The instruction and training to be given under subsection (1),shall be developed and implemented by the employer in consultation

with the committee or safety and health representative, if any, for theworkplace.

(3) An employer shall review, in consultation with the committeeor safety and health representative, if any, for the workplace, the





797


request is finally determined and for three years thereafter, if therequest is found to be valid.

DIVISION 3 Notification of Accidents and Occupational Diseases

Meaning of employer

245. — (1) In this Division —

employer includes —

(a) any body of persons corporate or incorporate and the legalpersonal representative of a deceased employer;

(b) a person who operates from his or her home, whether or not self-employed.

(2) Where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has enteredinto a contract of service or apprenticeship, the latter shall, for thepurposes of this Division be deemed to continue to be the employer of the worker whilst he or she is working for that other person.

(3) In relation to a person plying for hire with any vehicle orvessel the use of which is obtained by that person under a contract of

bailment, other than hire purchase agreement, the person from whomthe use of the vessel or vehicle is so obtained shall, for the purposes of this Division, be deemed to be the employer.

(4) In relation to a person employed for the purpose of —

(a) any gain and engaged through a club; or

(b) recreation and paid through a club;

the manager or members of the managing committee of the club shall,for the purposes of this Division, be deemed the employer.

Requirement to give notice of accidents

246.— (1) Subject to subsection (2), where any accident arising out of, and in the course of the employment of an employee occurs and —

(a) causes loss of life to such employee; or

(b) disables such employee, for more than one day, from earningfull wages at the work at which the employee was employedat the time of such accident;



798


written notice of the accident in the form and accompanied by theparticulars prescribed, shall promptly in the case of paragraph (a) andwithin four days in the case of paragraph (b), be sent by the employerto the Department of Labour and the committee, safety and healthrepresentative or trade union, if any, and the National InsuranceCorporation.

(2) In the case of a self-employed person, notification of deathpursuant to subsection (1), shall be made by the deceased’s next of kin, or in the case of a partnership, by the partner in the industrialestablishment.

(3) Where any accident causing disablement has been notified

under this section, and after such notification the accident results in the death of the person disabled, notice in writing of the death shallpromptly be sent by the employer to the Department of Labour andthe committee, safety and health representative or trade union, if any,as soon as the fact of the death comes to the knowledge of the employer.

(4) Where an accident causing disablement has been notified underthis section and the said disablement has ceased, notice in writing of the date when the disablement ceased shall be sent by the employer tothe Department of Labour and the committee, safety and healthrepresentative or trade union, if any, within two weeks from that date,in the form and accompanied by the particulars set out in the Third

Schedule.

(5) Any employer who fails to comply with the requirements of subsection (1), (2) or (4) shall be liable on summary conviction to afine not exceeding ten thousand dollars.

(6) Where any accident to which this section applies occurs to aworker whose services are for the time being temporarily lent or let on hire to another person by the employer, such other person, if he orshe fails to report the accident to the employer immediately, commitsan offence, and the employer shall not be liable under the provisionsof subsection (5) unless it is established that he or she knew of theaccident.

(7) Where a person loses his or her life or is disabled undersubsection (1), a person shall not, except for the purpose of —

(a) saving life or relieving human suffering;



799


(b) maintaining an essential public utility service or a publictransportation system; or

(c) preventing unnecessary damage to equipment or otherproperty;

interfere with, disturb, destroy, alter or carry away any wreckage orarticle at the scene or connected with the occurrence which gave riseto loss of life or disablement until permission so to do has been given

by the Police and the coroner.

(8) A register of all accidents to which this section applies shall be kept and maintained by the employer in the prescribed form.

Notification of occupational diseases and other diseases

247.— (1) A registered medical practitioner attending to or calledin to visit a patient whom he or she believes to be suffering from an occupational disease or other disease contracted in the course of hisor her employment shall, unless such a notice has been previouslysent, promptly send, addressed to the Department of Labour and theChief Medical Officer, a notice stating the name and full postal addressof the patient and the disease from which, in the opinion of such medicalpractitioner, the patient is suffering and the name and address of theplace at which, and of the employer by whom, he or she is or was last employed.

(2) If a registered medical practitioner fails to send any notice in accordance with the requirements of this section, he or she shall beliable on summary conviction to a fine not exceeding two thousanddollars.

(3) Any employer who believes or suspects, or has reason to believe or suspect that a case of an occupational disease has occurredamong the employees, shall promptly send written notice of such casein the form, and accompanied by the particulars, set out in the FourthSchedule to —

(a) the Department of Labour;

(b) the committee;

(c) the safety and health representative or trade union, if any;

(d ) the relevant local sanitary authority of the area within thework place of such employees is scheduled; and



800


(e) in the case of employees employed in industrialestablishments, the medical inspector for the area within which the workplace of such employees is situated;

and the provisions of this Code with respect to the notification of accidents shall apply with the necessary modification to any such case.

(4) If an employer is advised by or on behalf of an employee that a claim in respect of a “prescribed disease” as defined in the NationalInsurance Corporation Act has been filed with the National InsuranceBoard by or on behalf of the employee, the employer shall give noticein writing within four days of being so advised, to the Department of Labour and to the committee, safety and health representative or trade

union, if any, containing such information and particulars as areprescribed.

(5) The Minister may, in relation to any class or description orplace where employees are employed, by Regulations, apply thissection to any disease, other than an occupational disease.

Inquest in case of death

248. — (1) Where a coroner holds an inquest into the death of aperson whose death may have been caused by an accident or a diseaseof which notice is required under this Code, the coroner shall, at least four days before holding the inquest, submit to the Department of Labour notice in writing of the time and place of holding the inquest

and an authorised officer shall be authorised to be present at and towatch the inquest on behalf of the Department of Labour.

(2) The following provisions shall have effect with respect to an inquest held pursuant to this section —

(a) a person having a personal interest in or employed in or about or in the management of the place of employment in or about which the accident or disease occurred or was contracted,shall not be qualified to serve on the jury empanelled on theinquest;

(b) it shall be the duty of the coroner or other officer not tosummon any person disqualified under paragraph (a), and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(c) the following persons shall, subject to the power of the coronerto disallow any question which in his or her opinion is not



801


relevant or is otherwise not a proper question, be entitled toexamine any witness either in person or by counsel, solicitoror agent that is to say-

(i) any authorised officer;

(ii) any relation of the person in respect of whose death theinquest is being held;

(iii) the occupier of the workplace in which the accident ordisease occurred or was contracted;

(iv) the employer of the deceased;

(v) any person appointed in writing by the majority of the

persons employed in the workplace in which the accident or disease occurred or was contracted;

(vi) any person appointed in writing by any trade union,friendly society or other association of persons to whichthe deceased at the time of his or her death belonged orto which any person employed in the workplace in whichthe accident occurred or the disease was contracted,

belongs;

(vii) any association of employers of which the said employeris a member.

(3) Where at such inquest the Department of Labour is not present

and there is evidence of any neglect as having caused or contributedto the accident or disease, or of any defect in or about the place of employment appearing to the coroner to require a remedy, the coronershall send to the Department of Labour notice in writing of the neglect or defect.

Application to the State

249. This Division shall apply in the case of accidents, occupationaldisease, or disease occurring to persons employed by or under —

(a) any Department of Government other than members of thePolice Force;

(b) such persons or class of persons, not being members of thePolice Force, employed by or under any department of Government as may be specified by Order of the Ministerpublished in the Gazette;



802


and in such cases notice to be given under this Division by the employershall be given by such person as the head of the department of Government shall by written instructions direct.

Notification of other accidents

250. Where, at an industrial establishment an accident, unexpectedexplosion, fire, flood or inrush of water, failure of any equipment,machine, device, article, cave-in, subsidence, rockburst, or otherincident occurs, not being an accident for which notice is required to

be given under sections 247 and 248, notice in writing of the occurrenceshall be given to the Department of Labour and to the committee,safety and health representative or trade union, if any, by the employer

at such industrial establishment within two days of the occurrencegiving such information and particulars as are necessary.

Power of Minister to make Regulations

251. The Minister may make Regulations for any of the purposeslisted in the Fifth Schedule.

Presumption of employment

252. — (1) Subject to subsection (2), any person who is found in an industrial establishment at any time at which work is going on or themachinery is in motion, except during the intervals for meals or rest,shall, until the contrary is proved, be deemed for the purposes of this

Part to have been then employed in the industrial establishment.

(2) Subsection (1) shall not apply to an industrial establishment in which the only persons employed are members of the same familywho are dwelling there.

Offences

253— (1) A person who —

(a) being the owner or occupier, or manager of an industrialestablishment fails within the time specified under section 172 to make application to the Department of Labour forregistration of an industrial establishment; or

(b) fails to give notice to the Department of Labour as required by section 172(1); or



803


(c) fails to furnish the Department of Labour within a reasonabletime with the information required by him or her under section 172; or

(d ) being the owner, occupier or the manager of an industrialestablishment contravenes or fails to comply with section 173;

commits an offence and is liable to a fine not exceeding three thousanddollars.

(2) A person who —

(a) wilfully delays any authorised officer in the exercise of any

power under section 176;(b) fails to comply with any requirement of an authorised officer

or an inspector in pursuance of section 176;

(c) fails to produce any register, certificate, notice or document which he or she is required by or in pursuance of this Part toproduce;

(d ) wilfully withholds any information as to who is an employeror person in control of an industrial establishment, or as towho is an employer in the case of a prescribed occupation;

(e) conceals or prevents, or attempts to conceal or prevent aperson from appearing before or being examined by an

authorised officer; or( f ) in any way obstructs an authorised officer in the execution of

his or her duties;

commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both.

(3) A person who —

(a) obstructs a medical inspector in the exercise of his or herpowers under section 187;

(b) being an employer or person in control of an industrial

establishment, contravenes or fails to comply with anyrequirement of a notice under section 177;



804


(c) being an employer or person in control of an industrialestablishment, contravenes or fails to comply with anyrequirement of a notice under this Division; or

(d ) being an employer or person in control of an industrialestablishment, contravenes or fails to comply with any of theduties placed on occupiers under this Division;

commits an offence and is liable for a first offence on summaryconviction to a fine of ten thousand dollars or on summary conviction for a second or subsequent offence to a fine not exceeding five hundreddollars for each day on which the offence continues after conviction for the prior offence.

Special rules for making complaints

254.— (1) The Labour Commissioner may institute proceedings forthe purpose of enforcing any of the provisions of this Part or theRegulations and any authorised officer may appear for and on behalf of the Labour Commissioner.

(2) All complaints under this Division may be heard anddetermined and all offences and penalties may be prosecuted andenforced under summary jurisdiction proceedings.

(3) Prosecution under this Division shall not be instituted except by or with the previous sanction of the Labour Commissioner.

(4) Subject to section 265, prosecution under this Division shallnot be instituted more than one year after the last occurence, act ordefault upon which the prosecution is based.

Power of the Department of Labour to require returns

255. The Department of Labour may require occupiers ormanagers of industrial establishments to submit such returns,occasional or periodical, as may, in its opinion, be required for thepurpose of this Division.

DIVISION 4DUTIES OF EMPLOYERS, EMPLOYEES AND OTHER PERSONS

Duties of employers at construction sites

256.— (1) An employer at a construction site shall ensure that —







807


use of or exposure to chemicals or substances or conditions of work which are hazardous to her health and the health of the unborn child.

(2) Where alternative work not involving the use or exposure orconditions referred to in subsection (1) is available, such work shall

be assigned to the employee during pregnancy with the right of suchemployee to return to her previous work after the birth of her child.

Reports and records

259.— (1) In addition to the duties imposed by section 257, an employer shall —

(a) establish an occupational health programme for employeesand maintain the same according to the standards prescribed;

(b) keep and maintain accurate records of the handling, storage, use and disposal of chemicals, physical agents or biologicalagents as prescribed;

(c) accurately keep, maintain and make available to an employeeaffected such records of the exposure of the employee tochemicals, physical agents or biological agents as may beprescribed;

(d ) notify the Department of Labour of the use or introduction into a workplace of such chemicals, physical agents or

biological agents as may be prescribed;

(e) monitor at such times or at such intervals the levels of chemicals, physical agents or biological agents in a workplaceand keep and post accurate records thereof as prescribed;

( f ) comply with any standards limiting the exposure of employeesto chemicals, physical agents or biological agents asprescribed;

(g) establish a medical surveillance program for the benefit of workers as prescribed;

(h) provide for medical examinations and tests for employees asprescribed;

(i) only permit an employee to work in a workplace who has undergone such medical examinations, tests or X rays andwho is found to be physically fit to work in the workplace;



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( j ) where so prescribed, provide an employee with written instructions as to the measures and procedures to be taken for the protection of the employee;

(k ) adopt measures to protect the privacy of employees andensure that medical information is not used for discriminatorypurposes or in any manner prejudicial to their interests; and

(l ) adopt measures to ensure the welfare, safety and health of physically challenged employees.

(2) Where an employee undergoes prescribed medicalexaminations or tests, his or her employer shall pay —

(a) the employee’s costs for medical examinations or testsrequired by the medical surveillance programme or requiredpursuant to the Regulations;

(b) the reasonable travel costs, examinations or tests of theemployee; and

(c) for the time the employee spends to undergo the examinationsor tests, including travel time, which shall be deemed to bework time for which the employee shall be paid at his or herregular rate.

(3) In addition to providing information and instruction to an employee as required under this Part, an employer shall provide —

(a) to every employee, training on the safe and healthy mannerof carrying out his or her work; and

(b) subject to subsection (5), to every committee member whorepresents employees, if any, or a safety and healthrepresentative, if any, training pursuant to this Code and theRegulations that apply to the workplace.

(4) In relation to the training that an employee, a committeemember who represents employees, if any, or a safety and healthrepresentative, if any, receives under subsection (3), his or heremployer shall pay for the employee’s, committee member’s, orrepresentative’s —

(a) costs for the training;

(b) reasonable travel to the location where the training isprovided; and



809


(c) time spent to undergo the training which shall be deemed to be work time which the worker, committee member orrepresentative shall be paid at his or her regular rate.

(5) If a trade union exists at the workplace, the employer shallinvolve the trade union in the provision of any occupational safety andhealth training required under this Code.

Duties of employees

260.— (1) An employee shall —

(a) work in compliance with the provisions of this Code and theRegulations made thereunder;

(b) use or wear protective devices or clothing that the employerrequires to be used or worn at the workplace;

(c) report to his or her employer the absence of or defect in anyequipment or protective clothing or device of which theworker is aware and which may endanger himself or herself or another employee;

(d ) report to his or her employer any contravention of this Codeor the Regulations or the presence of any hazard of which heor she is aware;

(e) take care of the protective, clothing or devices issued by theemployer to that employee; and

( f ) exercise reasonable care in his or her work and at theworkplace so as not to cause injury to self and others.

(2) An employee shall not —

(a) remove or make ineffective any protective device required by his or her employer;

(b) use or operate any equipment, machine, device or article in a manner that may endanger himself or herself or any otherworker; or

(c) at the workplace, engage in any conduct which may cause

harm to the safety and health of any person.

(3) Where an employee is required to make use of a temporaryprotective device, the employee shall notify the employer who shallprovide the temporary protective device.



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(4) An employee shall not be required to operate equipment ormachinery without the use of any protective device required by his orher employer.

Duties of owners at construction sites

261.— (1) Before beginning construction work, the owner shalldetermine whether any critical substances are present at theconstruction site and shall prepare a list of all critical substances that are present at the site.

(2) If any work on a construction site is tendered, the person issuing the tenders shall include, as part of the tendering information,

a copy of the list referred to in subsection (1).

(3) An owner shall ensure that a prospective employer at aconstruction site on the owner’s property has received a copy of thelist referred to in subsection (1) before entering into a binding contract with the employer.

(4) The employer at a construction site shall ensure that eachprospective contractor and subcontractor for the construction work has received a copy of the list referred to in subsection (1) before theprospective contractor or subcontractor enters into a binding contract for the supply of work on the construction site.

(5) An owner who fails to comply with this section is liable to theemployer at a construction site and every contractor and subcontractorwho suffers any loss or damages as a result of the subsequent discoveryon the construction site of a critical substance that the owner ought reasonably to have known of but that was not on the list prepared

under subsection (1).

(6) An employer at a construction site who fails to comply withthis section is liable to every contractor and subcontractor who suffersany loss or damage as a result of the subsequent discovery on theconstruction site of a critical substance that was not on the list prepared

under subsection (1).

Duties of suppliers

262. Every person who supplies any machine, device, tool orequipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure —



811


(a) that the machine, device, tool or equipment is in goodcondition;

(b) that the machine, device, tool or equipment complies withthe requirements of this Code and the Regulations madehereunder; and

(c) if it is the supplier’s responsibility under the rental, leasingor similar arrangement to do so, that the machine, device,tool or equipment is maintained in good condition.

Refusal to work on safety and health grounds

263.— (1) An employee may refuse to work or do particular work

where the employee has reason to believe that —(a) any equipment, machine, device, substance or article the

employee is to use or operate presents an imminent and seriousdanger to the life or health of himself or herself or anotherworker; or

(b) the physical condition of the workplace or the part thereof in which the employee works or is to work presents an imminent and serious danger to his or her life, safety or health;

until such time as the employee believes that measures have been undertaken by the employer to address the employees concerns.

(2) The provisions in this section shall not apply to an employeewho belongs to any of the categories of persons specified for suchpurpose in an Order of the Minister published in the Gazette.

(3) The categories of persons to which subsection (2) refer may be —

(a) persons employed in or members of the Police Force or theFire Service;

(b) persons employed in or members of the Correctional Servicethe operation of a correctional institution or facility;

(c) persons employed in the operation of

(i) a hospital, sanatorium, nursing home, home for the aged,psychiatric institution, mental health centre or arehabilitation facility;

(ii) an ambulance service or a first aid clinic or station;



812


(iii) a power plant or technical service or facility used in conjunction with an institution, facility or servicedescribed in paragraph (c) (i) and (ii);

(d ) persons who are employed by the State to carry out publichealth or public utility duties such as quarantine, emergencyhealth containment or other emergency or public healthservices; or

(e) persons employed in waste disposal or sanitation; or

( f ) persons employed in any essential service.

(4) Upon refusing to work or do particular work, the employee

shall promptly report the circumstances of his or her refusal to theemployer who shall promptly investigate the report in the presence of the employee and, if there is such, in the presence of one of thefollowing —

(a) a committee member who represents employees;

(b) a safety and health representative; or

(c) an employee who because of knowledge, experience andtraining is selected by a trade union that represents theemployee, or if there is no trade union, is selected by theemployees to represent them, and who shall attend without delay.

(5) Until the investigation is completed, the employee shall remain in a safe place near his or her work station.

(6) An employee who refuses to work under subsection (1), shall be deemed to be at work and his or her employer shall pay him or herat the regular or premium rate, for the time extending from the timewhen the employee started to refuse to work under subsection (1) tothe time when the investigation mentioned in subsection (4) is completed.

(7) An employer shall report the employees concerns to theDepartment of Labour which shall investigate the refusal to work in the presence of the employer or a person representing the employer,

the employee, and the person mentioned in subsection (4), if any.

(8) The Department of Labour shall, following the investigation referred to in subsection (7), decide whether the machine, device,article or the workplace or part thereof presents an imminent and



813


serious danger to the life, safety or health of the employee or anotherperson.

(9) The Department of Labour shall, within five working days of a report to it under subsection (7), give its decision in writing to theemployer, the employee, and the person mentioned in subsection (4),if any.

(10) Pending an investigation and decision of the Department of Labour, an employer, subject to the provisions of a collectiveagreement, if any, shall —

(a) assign the employee reasonable alternative work during such

hours; or(b) where an assignment of reasonable alternative work is not

practicable, give other directions to the employee.

(11) Pending an investigation and decision of the Department of Labour, no employee shall be assigned to use or operate the equipment,machine, device or article or to work in the workplace or in the part of the workplace being investigated as long as there is continuingimminent and serious danger to the life, safety or health of anyemployee or person and until after the employer has taken remedialaction, if necessary, to deal with the circumstances that caused theemployee to refuse to do particular work.

(12) A person mentioned in subsection (4), shall be deemed to beat work and the person’s employer shall pay him or her at the regularor premium rate for the time spent by the person carrying out theduties under this section.

Complaint for reckless or frivolous refusal to work

264.— (1) An employer may file a complaint with the Department of Labour if he or she has reason to believe that the employee actedfrivolously, recklessly or in bad faith with respect to the refusal towork under section 263.

(2) A complaint shall be filed not later than seven days after the

event to which the complaint relates.

(3) The Department of Labour shall, within two working days of any reference to it, make a decision respecting the complaint.



814


(4) Where, following an investigation, the Department of Labourdecides that the refusal to work by the employee was frivolous,reckless, or in bad faith, the Department of Labour shall refer thematter to the Labour Commissioner who shall make such order as heor she deems appropriate in the circumstances.

Threats and discrimination for compliance

265. — (1) An employer shall not —

(a) dismiss or threaten to dismiss an employee;

(b) discipline or suspend or threaten to discipline or suspend an employee,

(c) impose any penalty upon an employee;

(d ) intimidate or coerce an employee; or

(e) discriminate against an employee in any way;

because that employee has acted in compliance with this Code or theRegulations or an order made thereunder, or has sought the enforcement of this Code or the Regulations or has observed the proceduresestablished by the employer or has given evidence in a proceeding in respect of the enforcement of this Code or the Regulations.

(2) Where a person complains that another person has contravenedsubsection (1) the matter shall be determined by complaint to the

Tribunal, and in a case of dismissal in contravention of subsection (1),the matter shall be treated as a complaint of unfair dismissal in accordance with this Code.

(3) On an inquiry into a complaint filed under subsection (2), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employeror the person acting on behalf of the employer.

PART VEQUALITY OF OPPORTUNITY AND TREATMENT IN EMPLOYMENT

DIVISION 1

DiscriminationInterpretation

266. For the purposes of this Division, “occupation andemployment” include access to vocational training, access to



815


employment and particular occupations, and terms and conditions of employment.

Definition and prohibited grounds of discrimination

267.— (1) For the purposes of this Division, a person discriminatesagainst another person if the first-mentioned person makes, on any of the grounds specified in subsection (2), any distinction, exclusion orpreference, the intent or effect of which is to nullify or impair equalityof opportunity or treatment in occupation or employment.

(2) The grounds referred to in subsection (1) are —

(a) race, sex, religion, colour, ethnic origin, social origin, political

opinion or affiliation, disability, serious family responsibility,pregnancy, marital status, HIV/AIDS, trade union affiliation or activity, or age except for purposes of retirement andrestrictions on work and employment of minors or for theprotection of children and young persons;

(b) any characteristic which appertains generally or is generallyimputed to persons on the basis of race, sex, religion, colour,ethnic origin, social origin, political opinion or affiliation,disability, serious family responsibility, pregnancy, maritalstatus, HIV/AIDS, trade union affiliation, or age except forpurposes of retirement, and restrictions on work andemployment of children and young persons or for the

protection of children and young persons; or(c) a conviction which is spent pursuant to the Criminal Records

(Rehabilitation of Offenders) Act 2004, No. 2.

(3) Any act or omission or any practice or policy that directly orindirectly results in discrimination against a person on the groundsreferred to in subsection (2) is an act of discrimination regardless of whether the person responsible for the act or omission or the practiceor policy intended to discriminate.

Prohibition on discrimination against applicant and employees

268.— (1) Any person who is an employer or any person acting or

purporting to act on behalf of a person who is an employer in relation to recruitment, selection or employment of any other person forpurposes of training, apprenticeship or employment shall not discriminate against that other person on the grounds specified undersection 267(2) —



816


(a) in the advertisement of the job;(b) in the arrangements made for the purpose of determining

who should be offered that employment;

(c) in determining who should be offered employment;

(d ) in the terms or conditions on which employment is offered;or

(e) in the creation, classification or abolition of jobs.

(2) An employer shall not discriminate against an employee on the grounds specified under section 267 —

(a) in terms or conditions of employment afforded to that employee by the employer;

(b) in conditions of work or occupational safety and healthmeasures;

(c) in the provision of facilities related to or connected withemployment;

(d ) by denying access, or limiting access to opportunities foradvancement, promotion, transfer or training, or to any other

benefits, facilities or services associated with employment;

(e) by making the employee redundant or dismissing theemployee except as provided for under this Code; or

( f ) by subjecting the employee to any other disadvantage.

(3) A person who contravenes subsection (1) or (2) is liable fordamages on successful complaint to the Tribunal and the Tribunal mayorder the person to rectify the offending act in addition to the award of damages.

(4) The burden of proving that subsection (1) or (2) was not contravened shall be on the person against whom the complaint ismade.

Exceptions in respect of bona fide occupational qualifications

269.— (1) Nothing in section 268 shall apply to any distinction,

exclusion or preference based on the grounds specified under section 267(2) where a genuine occupational qualification exists.

(2) For the purposes of this Division, a genuine occupationalqualification for a job exists where —



817


(a) the essential nature of the job calls for a particular sex, ethnicorigin, race, non-disability, for reasons of physiologyexcluding physical strength or stamina;

(b) in dramatic performances or other entertainment, for reasonsof authenticity, the essential nature of the job would bematerially different if carried out by a person of the oppositesex or different race, ethnic or social origin or religion to theperson chosen to do the job;

(c) in a religious institution, the essential nature of the job callsfor a particular religious affiliation or belief and the essentialnature of the said job would be materially different or unableto be carried out if performed by a person of a different

religious affiliation or belief;

(d ) the job needs to be held by a man or a woman to preservedecency or privacy because-

(i) it is likely to involve physical contact with other personsin circumstances where those persons might reasonablyobject to its being carried out by persons of the oppositesex or conversely, by persons of the same sex;

(ii) the holder of the job is likely to do work in circumstanceswhere persons of the same sex might reasonably object to the presence of a person of the opposite sex becausethey are in a state of undress or are using sanitary

facilities;(e) the nature or location of the establishment makes it

impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and —

(i) the only such premises which are available for personsholding that kind of job are occupied or normally occupied

by persons of the same sex and are not equipped withseparate sleeping accommodation and sanitary facilitiesfor persons of the opposite sex; and

(ii) it is not reasonable to expect the employer either to equipthose premises with such accommodation and facilities

or to provide other premises for persons of the oppositesex or to work out a practicable solution of usage of suchfacilities for members of both sexes;

( f ) the job requires a married couple;



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(g) the nature of the establishment, or the part of it where thework is carried out, requires the job to be held by a person of a particular sex because —

(i) it is or is part of a hospital, correctional facility, or otherestablishment for persons requiring special care,supervision or attention;

(ii) those persons are all of the same sex, disregarding anyperson of the opposite sex whose presence is exceptional;and

(iii) it is reasonable, having regard to the essential characterof the establishment or of the part of the establishment,

that the job should not be held by a person of the oppositesex;

(h) the holder of the job provides individuals with personalservices promoting their health, welfare or education, andthose services can most effectively be provided by a person of a particular sex; or

(i) on the grounds of disability it is shown that —

(i) the disability in question was or will be a relevant consideration in relation to the particular requirementsof the employment concerned and the performance of the job cannot be carried out as a result of the disability;or

(ii) special facilities or modifications, whether physical,administrative, or otherwise, are required to be made at the work place to accommodate the disabled person whichthe employer cannot be expected to make except with

undue financial hardship.

Equal remuneration

270.— (1) Employers and persons acting on behalf of employersshall pay equal remuneration to men and women performing work of equal value.

(2) For purposes of subsection (1) —“equal remuneration” means rates of remuneration established

without differentiation based on the grounds of gender;



819


“work of equal value” means work equal in value in terms of thedemands it makes in relation to such matters as skill levels,duties, physical and mental effort, responsibility andconditions of work.

(3) The burden of proof to establish that equal remuneration has been paid shall rest on the employer.

Temporary measures to promote equality

271.— (1) Subject to subsection (3), special measures of a temporarynature taken by employers to promote equality of opportunity in employment based on the grounds set out in section 267(2), shall not

be considered to be unlawful discrimination within the meaning of thisPart.

(2) An employer shall not continue a special measure undertaken under subsection (1), for a period of more than two years.

(3) The employer shall advise the Labour Commissioner of themeasures the employer proposes to undertake and the LabourCommissioner shall monitor the implementation of those measures.

Sexual harassment

272. Notwithstanding the provisions of the Criminal Code 2004,No.10, creating the offence of sexual harassment, any act of sexualharassment against an employee committed by an employer,managerial employee or co-employee shall constitute unlawfuldiscrimination based on sex within the meaning of section 267 and theemployee shall be entitled to compensation in accordance with thisCode.

Particular profession or trade

273. — (1) An organization of employers, a trade union organization of employees or any other organization whose members carry on aparticular profession or trade for the purpose of which the organization exists, shall not discriminate against any person on the grounds set out in section 267(2) —

(a) by refusing or failing to accept a person’s application formembership;

(b) in the terms on which it is prepared to admit a person tomembership; or



820


(c) in the case of a person who is a member of the organization-(i) by denying, limiting or deliberately omitting to afford

access to any benefits, facilities or services provided bythe organization;

(ii) by depriving that person of membership or varying theterms of membership;

(iii) by limiting or depriving that person access or acquisition to a leadership position within the organization; or

(iv) by subjecting that person to any other detriment.

(2) An organization of employers, a trade union, an organization

of employees or any other organization that contravenes subsection (1) is liable for damages on successful complaint to the Tribunal andthe Tribunal may order the person to rectify the offending act in addition to the award for damages.

Burden of proof for section 273

274. The burden of proving that section 273 was not contravenedlies on the organization of employers, trade union, organization of employees or other organization, as the case may be.

Qualifying bodies

275.— (1) An authority or a body responsible for the conferring,renewing, extending, revoking or withdrawing of an authorization orqualification that is needed for or facilitates the practice of a profession,the carrying on of a trade or the engaging in of an occupation shall not discriminate against a person on the grounds set out under section 267(2) —

(a) by refusing or failing to confer, renew or extend theauthorization or qualification;

(b) in the terms and conditions on which it is prepared to conferthe authorization or qualification or to renew or extend it; or

(c) by revoking or withdrawing the authorization or qualification or varying the terms or conditions upon which it is held.

(2) An authority or a body to which subsection (1) applies that contravenes subsection (1) is liable on successful complaint to theTribunal for damages and the Tribunal may order the authority or

body to rectify the offending act in addition to the award for damages.



821


(3) The burden of proving that subsection (1) was not contravenedlies on the authority or body as the case may be.

(4) In this section “authorization or qualification” includesrecognition, registration, enrolment, approval and certification.

Vocational training bodies

276.— (1) Subject to subsection (2), an organization of employerswhich comprises employers and has as its principal objective or oneof its principal objectives, affording its employees access to trainingfacilities or for any other person recognized as providing facilities fortraining for employment or occupation shall not discriminate on thegrounds set out in section 267(2) against a person who is seeking or

undergoing technical vocational training which would help to makethat person fit for any kind of employment or occupation —

(a) in the arrangements made for the purpose of determiningwho should be offered training;

(b) in the terms and conditions on which that person is affordedaccess to training courses or other facilities and servicesincluding vocational counselling and guidance;

(c) by refusing or deliberately omitting to afford access as in paragraph (b) to that person; or

(d ) by terminating that person’s training.

(2) It is not unlawful under subsection (1) to give preference tonationals above non-nationals.

(3) An organization of employers that contravenes subsection (1)is liable for damages on successful complaint to the Tribunal and theTribunal may order the person to rectify the offending act in addition to the award for damages.

(4) The burden of proving that subsection (1) was not contravenedlies on the organization of employers.

Employment agencies

277.— (1) It is unlawful for an employment agency to discriminateagainst a person on the grounds set out in section 267(2) —

(a) by refusing to provide that person with any of its services; or



822


(b) in the terms on which it offers to provide that person withany of its services; or

(c) in the manner in which it provides that person with any of itsservices; or

(d ) in any other manner in which it facilitates the hire oremployment of that person.

(2) This section does not apply if the discrimination concernsemployment which the employer could lawfully refuse to offer that person.

(3) An employment agency shall not be liable under this section if

it proves —(a) that it acted in reliance on a statement made to it by an

employer to the effect that, by reason of the operation of subsection (2), its actions would not be lawful; and

(b) that it was reasonable for it to rely on the statement.

(4) An employer, who makes a statement referred to in subsection (3)(a) which is false or misleading in a material respect, commits an offence and is liable on summary conviction to a fine not exceedingfive thousand dollars.

Discrimination by subterfuge

278. Where a requirement or condition which is not apparently in contravention of this Division has the effect of giving preference to aperson on the grounds set out in section 267(2) in a situation wheresuch preference would be unlawful under this Division, the imposition of that condition or requirement shall be unlawful unless the person imposing it establishes good reason for its imposition and shows that its imposition is not a subterfuge to avoid complying with this Division.

Advertisement

279.— (1) A person shall not publish or display or cause or allow to be published or displayed, any advertisement or notice which indicatesor could reasonably be understood as indicating, an intention to commit

a breach of any provision under this Division.(2) A publisher or person displaying an advertisement made

unlawful by subsection (1), shall not be subject to any liability underthat subsection if the publisher or person proves —



823


(a) that the advertisement was published or displayed in relianceon a statement made by the person who caused it to bepublished or displayed to the effect that the publication wouldnot be unlawful; and

(b) that it was reasonable for the publisher or person displayingto rely on that statement.

(3) A person who contravenes subsection (1) or who makes astatement referred to in subsection (2) which is false or misleading in a material respect commits an offence and is liable on summaryconviction to a fine not exceeding five thousand dollars.

Application forms280. Where, by virtue of this Division, it would be unlawful, in

particular circumstances, for a person to discriminate against anotherperson on the grounds set out in section 267(2), it is unlawful for that person to request or require that other person to provide information whether by way of completing a form which would not, in the same orsubstantially similar circumstances, be required or requested of that person of the opposite sex, or of a different race, religion, colour,political opinion, ethnic origin, indigenous population, social origin,pregnancy, trade union affiliation or marital status.

Mechanism to determine work of equal value

281. The Minister —(a) shall consider the advise or recommendation of the

Commissioner pursuant to section 73; and

(b) may carry out or cause to be carried out an inquiry intodifferent types of work, whether within the same industriesor between different industries;

in order to determine which work is work of equal value for purposesof making a determination in relation to equal remuneration for work of equal value.

Exception for charities

282.— (1) Nothing in this Division affects —

(a) a provision in a deed, will or other document, whether made before or after the coming into operation of this Part, that confers charitable benefits or enables charitable benefits to



824


be conferred on persons on the basis of the grounds set out in section 267(2); or

(b) an act that is done in order to give effect to such a provision.

(2) In this section “charitable benefits” means benefits for purposesthat are exclusively charitable according to existing laws.

Exception for religious bodies

283. Nothing in this Division affects —

(a) the ordination of a priest, a minister of religion or membersof that body;

(b) the training or education of persons seeking ordination orappointment as priests, ministers of religion or members of a religious order;

(c) the selection or appointment of persons to perform duties orfunctions for the purpose of, or in connection with, orotherwise to participate in any religious observance orpractice; or

(d ) any other act or practice of a body established for religiouspurposes, if it is an act or practice that conforms to thedoctrines, tenets or beliefs of that religion or is necessary toavoid injury to the religious susceptibilities or adherents tothat religion.

DIVISION 2Pregnancy and Maternity Benefits and Protection

Interpretation

284. In this Division “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead, and“confined” shall be construed accordingly.

Prohibition against discrimination on grounds of pregnancy

285.—(1) Without prejudice to the provisions under this Division,

an employer shall not refuse to employ a person, demote or dismiss afemale employee, alter the terms and conditions of her contract of employment, refuse her promotion or training or in other waydiscriminate against her because she is or was pregnant or for anyreason connected with pregnancy.



825


(2) An employer who contravenes subsection (1) is liable fordamages on successful complaint to the Tribunal and the Tribunalmay order the employer to rectify the offending act.

(3) A complaint to the Tribunal shall be referred by the employeein accordance with Part VIII.

Marital status

286. An employer may not deny a female employee maternityleave or entitlements, or any of the protections afforded under thisDivision by reason that she is not married to the father of the childcarried during a pregnancy term or relevant to the period to which she

is entitled to maternity or pregnancy benefits.

Rights of pregnant employees

287.— (1) Subject to subsection (2), an employee who is pregnant shall be entitled as of right to take maternity leave in accordance withthis Code and shall be entitled to return to the same job which she held

before commencement of maternity leave or an equivalent position.

(2) An employee shall only be entitled to return to the same job under subsection (1), if—

(a) at the date of her expected confinement she would have been continuously employed by that employer or a successor to

that employer for a period of eighteen months or more or in the case of a daily paid, part-time, or seasonal worker, onehundred and fifty days in a period of eighteen months;

(b) subject to subsection (3), she informs her employer eitherorally or upon request by the employer, in writing, at least three weeks before the commencement of the maternity leaverequired -

(i) that she will be requiring maternity leave because of pregnancy; and

(ii) that she intends to return to work for the employer; and

(c) she provides a certificate from a registered medical

practitioner confirming her pregnancy.

(3) Where an employee requires maternity leave immediately in the case of a premature delivery of her baby, the requirement pursuant to subsection (2) (b) shall be waived and the employee will be required



826


to provide to her employer a certificate from a registered medicalpractitioner confirming her premature delivery.

Duration of maternity leave

288.— (1) Subject to subsection (2), an employee shall be entitled under this Division to maternity leave for a period deemed to be theperiod of entitlement to maternity leave and benefits under the NationalInsurance Corporation Act, provided that such period of entitlement shall not be less than thirteen weeks and such leave shall, except in thecase of premature delivery, be comprised of —

(a) at least six weeks before confinement; and

(b) at least six weeks after confinement unless the employeechooses to return to work before that time.

(2) An employee and an employer may agree that the employeecommences maternity leave on a date later than six weeks beforeconfinement.

(3) An employee shall not be obliged to return to work before theexpiration of the period of her maternity leave but she may choose toreturn to work with full pay at anytime before the expiration of threemonths.

Maternity leave without pay

289. An employee whose pregnancy commences before she hasworked for her employer for a period of eighteen months or in thecase of a daily paid, part-time or seasonal worker, one hundred andfifty days in a period of eighteen months, shall be entitled to takematernity leave without pay for a period of six weeks, and that employeehas the right to return to her job after such maternity leave and shallnot be prejudiced in any way by the exercise of such a right to maternityleave, on condition that she gives to the employer a certificate from amedical practitioner confirming her pregnancy.

Exercise of right of return

290. An employee shall exercise her right to return to work after

maternity leave by notifying her employer at least two weeks beforethe day on which she proposes to return, of her intention to return.



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Postponement of return

291.— (1) An employee may postpone her return to work for a totalperiod of not more than sixty days without pay if, before the notifiedday of return, she gives her employer a certificate from a medicalpractitioner stating that, by reason of disease or physical or mentaldisablement arising out of, or connected with her pregnancy or of hernewborn child, she will be unable to return to work on the notified dayof return.

(2) Where an employee exercises her right to postpone her return to work under subsection (2), she shall suffer no prejudice and nodiscrimination.

(3) If an employee has notified a day of return and an interveninginterruption of work whether due to industrial action or some otherreason outside of the control of the employee renders it unreasonableto expect the employee to return to work on the notified day of return,she may instead return to work when work resumes.

(4) For the purposes of this section “notified day of return” meansthe day on which the employee intends to return as notified to heremployer pursuant to subsection (1).

Higher maternity benefits

292. Where higher maternity benefits including maternity paythan that granted under this Division exist in an establishment whetherthrough agreement or custom, the employer shall not deny femaleemployees, whether existing or future, such benefits because of theenactment of this Code.

Record of female employees

293. Every employer shall keep, in relation to each femaleemployed by him or her, a record showing —

(a) the date of commencement of her employment;

(b) her normal pay and normal working week;

(c) the date and duration of any previous periods of maternityleave granted pursuant to this Division to the employee; and

(d ) all maternity pay which has been paid to the employee on any and every previous occasion.



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Maternity leave in addition to vacation leave and sick leave

294. For the avoidance of doubt it is declared that maternity leavegranted under this Division shall be in addition to any vacation leave orsick leave to which an employee may be entitled under this Code.

Remedies in relation to maternity leave entitlement

295.— (1) An employer shall not refuse or wrongfully fail to accordto an employee her entitlements due under this Division.

(2) Subject to section 296, an employer who contravenessubsection (1) is liable for damages on successful complaint to theTribunal and the Tribunal may order the employer to reinstate or

promote the employee or rectify the offending act as the case may be,in addition to the award of damages.

(3) A complaint to the Tribunal shall be referred by the employeein accordance with Part VIII.

Burden of proof

296. The burden of proving that section 295 (1) was not contravenedshall lie on the employer.

Inducements and threats

297.— (1) It is unlawful to induce or attempt to induce, a person todo any act which contravenes this Division by —

(a) providing or offering to provide the person with any benefit;or

(b) subjecting or threatening to subject the person to anydetriment.

(2) An offer or threat may fall under subsection (1) whether it ismade directly or indirectly to the person in question, if it is made in such a way that the person is likely to hear it or hear of it.

(3) A person who contravenes subsection (1) commits an offence

and is liable on summary conviction to a fine not exceeding five thousanddollars or to imprisonment for a term not exceeding one year or to both.



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Victimization

298.—(1) A person shall not subject or threaten to subject anotherperson to any detriment —

(a) on the ground that the other person-

(i) has made, or proposes to make, a complaint under thisDivision;

(ii) has brought, or proposes to bring proceedings under thisDivision against any person;

(iii) has furnished or proposes to furnish any information, orhas produced, or proposes to produce, any documents toa person exercising or performing any power or function

under this Division;

(iv) has attended or proposes to attend an inquiry under thisDivision or to provide evidence or testimony as a witness;or

(v) has made in good faith, an allegation that a person hascommitted an act of discrimination in contravention of this Division; or

(b) on the ground that the first mentioned person believes that the other has done, or proposes to do any of the things referredto in paragraph (a)(i) to (v).

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding five thousanddollars or to imprisonment for a term not exceeding one year or to

both.

Burden of proof in respect of discrimination cases

299.— (1) Except where otherwise provided in this Division, a person alleging a violation of this Division shall bear the burden of presentinga prima facie case of discrimination or an offence related todiscrimination.

(2) Upon a prima facie showing of discrimination, the burden of proof shall shift to the respondent to disprove the allegations.



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Burden of proof exceptions

300. In any proceedings under this Division the burden of proof of any conduct that is claimed to be an exception to conduct that is

unlawful under this Division, lies on the party claiming the exception.

Remedies

301. Notwithstanding any other remedy that may be available in any court of competent jurisdiction or tribunal, any person who isaggrieved by any act or omission of an employer in contravention of this Division, is entitled to claim or apply for all or any of the followingremedies —

(a) damages from the employer for any loss caused directly orindirectly as a result of the contravention;

(b) an order directing the employer to redress the contravention,including an order to employ, re-employ or reinstate anyperson, notwithstanding that the vacancy in question hasalready been filled and notwithstanding that the employermay be liable to any claim arising from the need to dismissor terminate the services of any other employee who has

been engaged;

(c) an order making voidable any decision found to have been based on unlawful discrimination;

(d ) any other order the Tribunal may deem fair and just to remedythe cause and effect of the discrimination.

Direct complaint to the Tribunal

302. Without prejudice to any other remedy available under thisDivision, a person who alleges that he or she has been discriminatedagainst may make a complaint to the Tribunal in accordance with theprovisions of this Code.

PART VI

RECRUITMENT OF EMPLOYEES FOR OVERSEAS EMPLOYMENT

AND WORK PERMIT

DIVISION 1 Recruiting



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Interpretation and application

303.— (1) In this division “employment agent” includes a person who is a body corporate or an unincorporated body carrying out thefunctions of an employment agent.

(2) This Division applies only to the recruitment of persons within Saint Lucia for employment outside of Saint Lucia.

Restriction on recruitment of children and young persons

304.— (1) A person shall not recruit a person aged sixteen years or under for employment to be performed outside of Saint Lucia.

(2) A person shall not recruit a young person over the age of sixteen for employment to be performed outside of Saint Lucia except with the written consent of his or her parent or guardian.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceedingten thousand dollars or to imprisonment for a term not exceeding twoyears or to both.

Licensing of employment

305.— (1) A person shall not perform the functions of an employment

agent unless he or she is the holder of an employment agent’s licenceissued, subject to subsection (5), by the Labour Commissioner andcomplies with the employment agent’s licence and this Act.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars or to imprisonment for a term not exceeding two years or to

both.

(3) The following provisions shall apply to an employment agent’slicence —

(a) an employment agent’s licence shall be valid for a period of up to twelve months and shall expire on the 31st day of December in the year in which the employment agent’slicence was issued; and

(b) an employment agent’s licence shall not be transferable between one person and another.



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(4) The fees payable for an employment agent’s licence shall beprescribed by the Minister by Order published in the Gazette.

(5) An employment agent’s licence shall be in the form pescribed.

Application for employment agent’s licence

306. An application for an employment agent’s licence or for therenewal of an employment agent’s licence, shall be in the prescribedform and shall be accompanied by such information as the LabourCommissioner may require and by the prescribed fee.

Issuance of employment agent’s licence

307.— (1) The Labour Commissioner may —

(a) if he or she is satisfied that the applicant is a fit and properperson to be issued an employment agent’s licence, issue orrenew the employment agent’s licence;or

(b) refuse to issue the employment agent’s licence if not satisfiedpursuant to paragraph (a).

(2) An employment agent’s licence shall be issued subject to suchconditions as the Labour Commissioner may impose.

Revocation or suspension of employment agent’s licence

308. The Labour Commissioner may revoke or suspend an employment agent’s licence, if the Labour Commissioner is satisfiedthat the person holding the licence —

(a) has breached a condition of the employment agent’s licence;or

(b) has conducted himself or herself in such a way, that it is undesirable that he or she should continue to hold an employment agent’s licence; or

(c) has committed an offence pursuant to this Act.

Appeal against revocation or suspension

309. A person whose licence is revoked or suspended undersubsection (1) may, within seven days of being notified in writing of such action, appeal in writing to the Minister against the revocation orsuspension, as the case may be, and where such appeal is lodged, the





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(a) make a written report setting out the findings of his or herinvestigation;

(b) stop the recruitment of any persons by the person named in the investigation initiated pursuant to paragraph (a); or

(c) intervene in the recruitment for the purpose of laying down any conditions which the Labour Commissioner reasonably

believes are necessary to rectify any of the problems revealedin his or her investigation.

(2) The Labour Commissioner shall submit a copy of the report completed pursuant to subsection (2) to the Minister.

Power to make Regulations

315. The Minister may make Regulations establishing anycondition for the recruitment of workers in Saint Lucia for employment outside of Saint Lucia.

DIVISION 2Work Permits

Interpretation

316. In this Division —

“foreign national” means a person who is not a citizen of Saint Lucia but does not mean —

(a) a person who holds a permit issued under the provisions of the Immigration Ordinance, Cap 76, Revised Laws of Saint Lucia 1957 or any other enactment replacing it which entitleshim or her to reside permanently in Saint Lucia;

(b) a person under the age of eighteen years who is the child,stepchild of a citizen of Saint Lucia or child adopted in amanner recognized by law by a citizen of Saint Lucia.

Control of employment

317.— (1) A foreign national shall not engage in any occupation in Saint Lucia for reward or profit, or be employed in Saint Lucia, unlessthere is in force in relation to him or her —



835


(a) a valid work permit and he or she so engages or is so employedin accordance with the terms and conditions which may bespecified in the permit; or

(b) an exemption from the requirement for a work permit pursuant to this Code or any other law in force in Saint Lucia.

(2) A person shall not have in his or her employment in Saint Lucia a foreign national without there being in force a valid work permit or an exemption from the requirement for a work permit pursuant to this Code or any other law in force in Saint Lucia in relation to that employment.

(3) Any —(a) foreign national who engages in any occupation in Saint Lucia

or is employed in Saint Lucia in contravention of the provisionsof subsection (1) of this section; and

(b) person who has in his or her employment in Saint Lucia aforeign national in contravention of the provisions of subsection (2) of this section;

is liable on summary conviction to a fine not exceeding five thousanddollars or imprisonment for a term not exceeding one year or to both;and in the case of a subsequent offence to a further fine not exceedingfive hundred dollars for each day upon which the offence continues

after the prior offence or to imprisonment for a term not exceedingtwo years or both.

(4) It shall be presumed, upon the trial of any person for acontravention of the provisions of subsection (1) or (2) of this section that the person is a foreign national unless the contrary is proved bythe person charged.

(5) For the avoidance of doubt, it is hereby declared that theprovision of this Division shall not apply to —

(a) a Judge or the Chief Registrar of the Eastern Caribbean Supreme Court or Caribbean Court of Justice;

(b) any person employed in the public service in a civil capacityin respect of the Government of Saint Lucia; or

(c) professional occupation by a legal representative in or fordefending a person charged with a criminal offence.



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(6) The manifestation or propagation of any religion or belief in religious worship, teaching, practice or observance by any person entitled to be in or to enter Saint Lucia shall be exempt from therequirements of a work permit where, upon application by that person,the Minister grants a certificate of exemption, in the form prescribedto that person having regard to the recommendation of the Ministerresponsible for Eccelesiastical Affairs.

(7) In this section “legal representative” means a person entitledto be in or to enter Saint Lucia and entitled to practise as an attorney-at-law in Saint Lucia.

(8) In this section a reference to a religion shall be construed as

including a reference to a religious denomination and cognateexpressions shall be construed accordingly.

Application for and grant of work permit

318.— (1) An application for the grant of a work permit shall besubmitted to the Minister in the prescribed form and shall beaccompanied by the prescribed fee and such other information as theMinister may require or as may be prescribed.

(2) The Minister may grant a work permit either conditionally orwithout conditions or may refuse to grant it.

(3) A work permit shall be in the prescribed form and different forms of work permits may be prescribed for different classes of persons as the circumstances require.

Appointment of authorised persons

319.— (1) The Minister may appoint such persons as he or shethinks fit to be authorised persons for the purposes of this Division.

(2) Every authorised person appointed under this section shall befurnished with a certificate of appointment and where he or she seeksto exercise his or her power under this Division shall, if so required,produce his or her certificate of appointment.

Production of work permit

320.— (1) Every work permit shall be kept by the person to whom it is issued, who shall at all times produce the permit to an authorised



837


person or a police officer on demand, or within three days after suchdemand at such police station as may be specified by the person first mentioned at the time of the demand.

(2) A person having in his or her possession a work permit appearing to have been issued under this Division shall answer allquestions put to him or her by an authorised person or a police officerfor the purpose of establishing his or her identity.

(3) Any person who —

(a) fails without reasonable excuse or refuses to produce a permit as required by subsection (1) of this section; or

(b) refuses to answer any question put to him or her, contrary tosubsection (2) of this section;

is liable on summary conviction to a fine not exceeding five hundreddollars or to imprisonment for a term not exceeding six months.

Minister to vary or cancel work permit

321. The Minister may, after giving the holder of a work permit not less than thirty days written notice, vary or cancel a work permit.

Power to grant exemptions

322. The Minister may, by Order published in the Gazette, declare

that any person or class of persons shall be exempt, either unconditionally or subject to such conditions as he or she may soprescribe, from all or any of the provisions of this Division.

Offences and penalties

323. — (1) A person shall not —

(a) make any statement which he or she knows to be false forthe purpose of procuring, whether for himself or herself orfor any other person, the grant of a permit under this Division;

(b) unlawfully use or permit to be so used any work permit issued under this Division;

(c) obstruct, hinder or oppose any authorised person or policeofficer in the execution of his or her duty under this Division;or



838


(d ) being a person exempt, subject to conditions imposed by theMinister, from all or any of the provisions of this Division,contravene any such condition.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding one thousanddollars or to imprisonment for a term not exceeding one year.

PART VIITRADE UNIONS AND EMPLOYERS’ ORGANIZATIONS

DIVISION 1

Rights to Association

Interpretation

324. In this Division “register” means the register maintained bythe Registrar pursuant to section 334.

Non-application

325. The provisions of this Division shall not apply to the protectiveservices except where expressly stated.

Basic employee rights

326. Every employee has the right to —

(a) take part in the formation of any trade union;

(b) be or not to be a member of any trade union;

(c) take part in lawful trade union activities;

(d ) hold office in any trade union or federation of trade unions;

(e) take part in the election of shop stewards;

( f ) be elected a shop steward or be a candidate for such election;

(g) act in the capacity of a shop steward; and

(h) exercise any right conferred or recognized by this Code orany law in force and assist any employee, shop steward,safety and health representative or trade union in the exerciseof such rights.



839


Protection against discrimination and threats

327.— (1) An employer or employers’ organization, or person actingon behalf of an employer or an employers’ organization, shall not,with respect to any employee or any person seeking employment —

(a) require that he or she does not join a trade union or relinquishtrade union membership;

(b) discriminate or take any prejudicial action, includingdiscipline or dismissal against such employee or person byreason of trade union membership or representation or

because of participation in lawful trade union activities,whether past, anticipated or present;

(c) discriminate or take any prejudicial action, includingdiscipline or dismissal, against such employee or person

because of his or her exercise or anticipated exercise of anyright to association conferred or recognized under this Division or under any law in force in Saint Lucia relating toemployment or labour relations;

(d ) threaten such employee or person that he or she will sufferany disadvantage from exercising any right conferred orrecognized under this Code or under any other law in forcein Saint Lucia or under any collective agreement;

(e) promise such employee or person any benefit or advantagefor not exercising any right to association conferred orrecognized under this Division or under any law in force in Saint Lucia relating to employment or labour relations;

( f ) restrain or seek to restrain such an employee or person by acontract of employment or otherwise from exercising anyright to association conferred or recognized under this Division or under any law in force in Saint Lucia relating toemployment or labour relations; or

(g) discriminate against or impose any discipline or disadvantage upon an employee for refusing to do work outside of the termsof his or her contract of employment, being work normallydone by an employee who is on strike or who is locked out,

unless such work must be done to prevent actual danger tolife, health or personal safety.

(2) Any contractual term which purports to exert any restraint referred to under subsection (1) is void, whether agreed to before orafter the coming into force of this Code.



840


(3) Nothing in this section shall be interpreted as preventing an employer from dismissing or otherwise disciplining an employee fora valid reason in accordance with this Code.

Protection of trade union from employer interference

328.— (1) A person shall not engage in any activity designed topromote the establishment of a trade union under the domination of an employer or employers’ organization, or to support trade unions byfinancial or other means with the object of placing the trade union

under the control of employers or employers’ organizations.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousand

dollars or to imprisonment for a term not exceeding two years or to both.

Basic employer rights

329. An employer has the right to —

(a) take part in the formation of an employers’ organization;

(b) be a member of an employers’ organization or association,and take part in its lawful activities;

(c) hold office in an employers’ organization; and

(d ) exercise any or all rights conferred or recognized by this

Division or any law in force on employment or labourrelations, and assist any employer or employers’ organization in the exercise of such rights.

Interference with individual’s freedom of association

330. — (1) A person shall not seek by the use of any threat orintimidation, to compel or coerce any other person to join or not to

join, or to support or not to support, any trade union or employers’organization.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars or to imprisonment for a term not exceeding two years or to

both.

Membership of trade unions and employers’ organizations

331. Any person eligible for membership in a trade union oremployers’ organization under its constitution has the right to



841


membership in that trade union or employers’ organization if he orshe pays the fees that are due to it, and such person has the right toremain a member as long as he or she complies with the rules of thetrade union or employers’ organization.

Federations

332. A trade union or an employers’ organization may form,participate in, be affiliated to, contribute to or join any national orinternational federations of trade unions or employers’ organizations.

Remedies

333.— (1) Any complaint with respect to infringement of the rights

and protections contained in this Division may be presented to theTribunal.

(2) Where it is alleged in a complaint presented to the Tribunalthat an employee or person seeking employment was dismissed ordenied employment contrary to section 327, the burden is on theemployer to prove that the dismissal or denial had no connection to thetrade union membership or activities of the employee or the person seeking trade union membership.

(3) Where the Tribunal finds that a complaint presented to it undersubsection (1) is well founded, it shall make such order as it deems

necessary to secure compliance with this Division, including an orderfor the reinstatement of an employee and, if requested and deemedappropriate, the restoration to him or her of any benefit, entitlement or advantage.

Registrar

334.— (1) The Public Service Commission shall appoint a person to be the Registrar of Trade Unions and Employers’ Organizations.

(2) The Registrar shall keep a register of all trade unions andemployers’ organizations registered under this Division in theprescribed form and shall discharge all the duties required pursuant tothis Division and the Regulations.

Registration

335.— (1) A trade union and employers’ organization to which thisDivision applies shall be registered in accordance with this Division.



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(2) The rights or benefits conferred by this Division on a trade union, or an employers’ organization, or its members, may beexercised only if it is registered in accordance with this Division.

(3) Any —

(a) twenty members or more of a trade union, other than afederation of trade unions;

(b) two or more members of a federation of trade unions; or

(c) six members or more of an employers’ organization;

may by subscribing their names to the rules of the trade union oremployers’ organization and otherwise complying with the provisions

of this Division, apply to the Registrar for registration as a trade union or employers’ organization.

(4) Three copies of the constitution of the trade union or employers’organization, duly authenticated by the signature of the president orchairperson and secretary, shall be submitted by the members to theRegistrar along with the application.

(5) If the Registrar is satisfied in respect of an application made under subsection (3) that —

(a) the requirements of this section have been met;

(b) the constitution of the trade union or employers’ organization is consistent with this Division and the Constitution of Saint Lucia and does not contain provisions which are contrary toany enactment in force in Saint Lucia;

(c) the name of the trade union or employers’ organization isnot identical to that of any existing trade union or employers’organization or so closely resembles such name as to be likelyto deceive its own members or the members of the public;and

(d ) none of the proposed officers of the trade union is a person who has been convicted of an offence involving fraud ordishonesty unless that conviction is spent pursuant to the

Criminal Records (Rehabiliation of Offenders) Act 2004;No. 2;

the Registrar shall forthwith register the trade union or employers’organization and furnish it with a certificate of registration.



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Disqualification from office

336. A person who, while holding office in a trade union oremployers’ organization, is convicted of an offence involving fraud ordishonesty shall be disqualified from holding such office for a minimumperiod of five years.

Objection to registration

337.— (1) Where the Registrar is satisfied that a trade union oremployers’ organization making an application is not entitled to beregistered because it does not fulfill the requirements of this Division,he or she shall, within twenty one days of the receipt of the application

serve notice on the trade union or employers’ organization , specificallyindicating in the notice the reasons for the objections and giving to theapplicant a reasonable period which shall not, in any case, exceed sixmonths after the date of the notice for the purpose of complying withthe requirements of the notice, and submitting the answers to theobjections.

(2) If, after the receipt of the answers raised in the objections of the Registrar and after such further discussion as the Registrar mayallow in respect of the matter, the Registrar is satisfied that theobjections raised in subsection (1) have been satisfactorily met, he orshe shall register and issue a certificate of registration in the prescribed

form on the payment of the prescribed fee.

(3) Where the Registrar is not satisfied after such further discussion as the Registrar may allow in respect thereof that the objections have

been met, he or she shall reject the application.

Existing registration

338. A trade union or employers’ organization which wasregistered prior to the commencement of this Code shall be deemed to

be registered under this Division and shall be furnished by the Registrarwith a certificate of registration.

Fees

339.— (1) The fees prescribed in the Sixth Schedule shall be payableto the Accountant General.



844


(2) A trade union or an employers’ organization to which section 338 applies, is exempted from the provisions of this section.

Constitution

340.— (1) Every trade union and employers’ organization shall havea constitution duly approved and ratified by the general membership.

(2) The constitution of every trade union or employers’organization shall incorporate the information contained in the SeventhSchedule.

(3) A trade union or employers’ organization existing at the

commencement date of this Division shall comply with subsection (1)within one year of that date.

Alterations in constitution or name

341.— (1) A trade union or employers’ organization may alter itsconstitution in accordance with the procedures set out in its own constitution.

(2) A trade union or employers’ organization shall transmit anyproposed alterations to its constitution to the Registrar and, if theRegistrar is satisfied that the said alterations are consistent with theprovisions of this Division, the Registrar shall certify the alterationsto the constitution and shall issue a written certificate stating theapproval and the date on which it was given and, as from that date thenew or altered constitution shall have effect.

(3) Subject to section 335(5)(c), a trade union or employers’organization may change the name under which it is registered in thesame manner as an alteration of its constitution, and if this section has

been complied with, the Registrar shall issue a new certificate andmake the necessary alterations in the register.

Annual return to Registrar

342. Within six calendar months after the end of its financialyear, a trade union or employers’ organization shall submit to the

Registrar an annual return which shall include —

(a) the address of the trade union or employers’ organization;

(b) the names and addresses of its current office holders;



845


(c) the number of fully paid up members of the trade union oremployers’ organization; and

(d ) an audited annual financial statement.

Suspension and cancellation of registration

343.— (1) The Registrar may suspend, cancel or withdrawregistration of any trade union or employers’ organization —

(a) where it fails to submit an annual return in accordance withthis Division;

(b) if he or she is satisfied that the registration was obtained byfraud or by mistake;

(c) where, by reason of a change in its constitution, the principalobjects of the trade union or employers’ organization, in hisor her opinion, are no longer statutory objects or where in his or her opinion the principal objects for which the trade

union or employers’ organization is actually carried on are unlawful or against its constitution;

(d ) where the trade union or employers’ organization has violateda requirement relating to the matters imposed on it by or

under this Division and has persisted in its default after theRegistrar has given it notice to remedy such default and thetime for remedying such is expired;

(e) at the request of the trade union or employers’ organization;( f ) on satisfactory proof that the trade union or employers’

organization or its funds are being used for an unlawfulpurpose or a purpose not authorized under this Code or itsown constitution;

(g) on satisfactory proof that the accounts of the trade union andemployers’ organization are not being kept in accordancewith this Division and its own constitution.

(2) In the case of the grounds specified in subsections (1)(a), (c),(f) and (g), the Registrar shall cause to be served a notice on the trade

union or employers’ organization specifying the grounds on which he

or she intends to withdraw or cancel the registration, and theorganization shall within eight weeks or such longer period as theRegistrar may grant, commencing from the date of the service of thenotice, comply with the requirements of the notice and remedy thedefault, failing which the Registrar shall cancel the registration.



846


(3) A trade union or employers’ organization whose certificateof registration has been withdrawn or cancelled, shall, from the timeof such withdrawal or cancellation, absolutely cease to enjoy the rightsand privileges of a registered trade union or employers’ organization and pursuant to subsection (4) shall proceed to wind up its affairs, but without prejudice to any liability actually incurred by such trade union or employers’ organization which may be enforced against the sameas if such withdrawal or cancellation had not taken place.

(4) Every trade union or employers’ organization not registeredin accordance with the provisions of this Division shall be dissolvedwithin three months from the date when any of the events mentionedin paragraph (a) or (b) shall have taken place, that is —

(a) where the Registrar has refused or rejected an application toregister or has withdrawn or cancelled the registration of atrade union or employers’ organization and in either case,the period provided for in this Division for appealing thereforehas expired; or

(b) where an appeal has been unsuccessfully maintained by atrade union or employers’ organization in respect of a refusalor rejection to register or withdrawal or cancellation of registration by the Registrar.

Appeals for refusal to register

344.— (1) A trade union or employers’ organization aggrieved by arefusal or failure of the Registrar to register it, or the suspension,withdrawal, or cancellation of its registration by the Registrar, isentitled to apply to the Tribunal within thirty days of the Registrar’sdecision or, after such reasonable time, where the Registrar fails toregister, for redress.

(2) A review by the Tribunal of a decision of the Registrar torefuse to register, suspend or cancel registration or his or her failureto register, shall determine the matter.

Defunct organization

345. — (1) The Registrar may, on his or her initiative or application by another person, after making such inquiries as he or she mayconsider necessary, declare a trade union or an employers’ organization to be defunct if the Registrar is satisfied that it is no longer carrying on any of its activities for a period of at least two years.



847


(2) A declaration made under this section shall include the winding up of the trade union or employers’ organization and direction for thedisposal of the trade unions or employers’ organization’s assets, asthe Registrar may deem just, having regard to the objects and theconstitution of the trade union or the employers’ organization or aresolution of the majority members of the trade union or employers’organization in good standing.

(3) A trade union or employers’ organization may, subject to adeclaration made under this section, appeal to the Tribunal.

Legal status, immunity from civil suits and restraint of trade

346.— (1) A registered trade union or registered employers’organization shall have capacity to contract and to hold property, andto sue and be sued.

(2) Notwithstanding subsection (1), civil proceedings except thoseexpressly allowed under this Code or any enactment in force in Saint Lucia shall not be brought against a trade union or employers’organization issued with a certificate of registration in accordancewith this Division, or against any officer, representative or memberof a trade union or employers’ organization, in respect of any act donein good faith, done by, or on behalf of the trade union or employers’organization in contemplation and furtherance of a trade dispute orthe objects of its constitution.

(3) An act done by a person in contemplation or furtherance of atrade dispute shall not be actionable on the ground only that it inducessome other person to break a contract of employment or that it is an interference with the trade, business or employment of some otherperson, or with the right of some other person to dispose of his or hercapital or labour as he or she wishes.

(4) Subsection (2) shall not be construed as exempting a trade union or employers’ organization or any of its officers, representativesor members from contractual liability for goods or services, fromobligations incurred in respect of property, or from liability for anycriminal, malicious or negligent act.

(5) The purpose of a registered trade union or employers’organization shall not, by reason merely that it is in restraint of trade,

be deemed to be unlawful so as to render any member of suchorganization liable to conspiracy or otherwise.



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(6) The purpose of a registered trade union or an employers’organization shall not, by reason only that they are in restraint of trade

be unlawful so as to render voidable any agreement or trust.

Amalgamation

347. A trade union or employers’ organization may, in accordancewith its constitution and subject to this Division, amalgamate with anyother trade union or employers’ organization.

Compliance with constitution

348. Subject to this Division, every former and current officer,member or employee of a trade union or employers’ organization

shall comply with the constitution of their trade union or employers’organization.

Powers of discipline and expulsion

349. A member of a trade union or employers’ organization shallonly be disciplined, suspended or expelled from that trade union in accordance with the constitution of that trade union or employers’organization and the rules of natural justice.

Improper election practices

350.— (1) A person shall not attempt to influence the outcome of an

election for any office in a trade union or employers’ organization byimproper means or conduct.

(2) Upon application to the Registrar by any member of a trade union or employers’ organization, claiming, upon reasonable grounds,a violation of subsection (1), the Registrar may declare such election void, determine a date for the holding of a fresh election, or makeprovision for the filling of the offices concerned, pending the outcomeof such fresh election, or make such other order relating to such election or fresh election as it may deem fit.

(3) A person aggrieved by the determination of the Registrarpursuant to subsection (1) may appeal to the Tribunal against the

determination.



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Deposit and safeguard of funds

351.— (1) A trade union or employers’ organization shall have powerto apply the funds of the trade union or employers’ organization forany lawful objects or purposes authorized under its constitution.

(2) All funds received by, or on behalf of a trade union oremployers’ organization, shall be deposited in a bank account of thetrade union or employers’ organization or in a financial institution approved by the Registrar.

(3) Any expenditure of funds by or on behalf of a trade union oremployers’ organization, shall be evidenced by a written receipt or

voucher, which shall be kept with the accounts of the trade union oremployers’ organization.

(4) The person responsible for the custody of a trade union’s oremployers’ organization’s funds and property, including records, shallhand over such funds and property to the trade union or employers’organization when he or she leaves office, or earlier, if so directed bythe governing body of the trade union or employers’ organization.

(5) Upon the application of a member or officer of the trade union or employers’ organization, the Tribunal may make such orderas it deems necessary to secure compliance with this section.

Accounting

352.— (1) Every trade union or employers’ organization registered under this Division shall keep a register of its members in such formas the Registrar may require and it shall be the duty of every Treasurerand Secretary of every such trade union or employers’ organization tokeep the register in such form.

(2) Subject to subsection (3) —

(a) every trade union or employers’ organization registered underthis Division shall cause the Treasurer or other officer tokeep proper accounting records with respect to its assets andliabilities and cause the Treasurer or other officer to establish

and maintain a satisfactory system of control of its accountingrecords, its cash holdings, receipts, remittances, bonds,securities or other assets at such times as are provided bythe rules of the trade union or employers’ organization forthe rendering of accounts; or



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(b) upon being required so to do, every treasurer or other officershall account to the trustees of the trade union or employers’organization, or to the members of the trade union, oremployers’ organization, at a meeting of the trade union oremployers’ organization for all receipts, remittances andother monies and all bonds, securities or other assets in hisor her custody since he or she last rendered such accounts.

(3) Every trade union or employers’ organization registered underthis Division, shall take steps to ensure that the accounting recordsreferred to in subsection (2), are kept in such a manner as is necessaryto give a true and fair view of the financial affairs of the trade union oremployers’ organization and to explain its transactions.

(4) Subject to the provisions of subsection (9), the trustees shallensure that the accounts are audited promptly by a fit and properperson or persons appointed by the trade union or employers’organization and approved by the Registrar for that purpose.

(5) The Treasurer or other officer, on the request of the trusteesin consequence of the audit referred to in subsection (4), shall handover to the trustees any balance which on the audit appears to be duefrom him or her and shall also, if requested, hand over to the trusteesall bonds, securities and other assets and all books, papers anddocuments in his or her custody.

(6) If the Treasurer or other officer fails to comply with theprovisions of subsection (5), the trustees may sue the Treasurer orother officer in any competent court for —

(a) any balance appearing to be due from the Treasurer or otherofficer upon the account audited in accordance withsubsection (4);

(b) all monies since received by the Treasurer or other officeron account of the trade union or employers’ organization; or

(c) all bonds, securities, other assets, and all books, papers anddocuments in the hands or custody of the Treasurer or otherofficer.

(7) The Treasurer or other officer may set off in any suit arising under paragraphs (6)(a) and (b) such sums, if any, which the Treasureror other officer has since paid on account of the trade union oremployer’s organization and in any action arising under this subsection,



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the trustees shall be entitled to recover their full costs to be taxed as between attorney-at-law and client.

(8) The Registrar may, upon presentation of the audited annualreturn or financial statement of any trade union or employers’organization, or upon complaint by a member of a trade union oremployers’ organization, if it appears to him or her that there may beinfringements concerning the accounts or financial affairs of a trade

union or employers’ organization, make an order in writing directingthat the books, accounts, vouchers, documents, funds, bonds, securitiesand other assets of that trade union or employers’ organization beinspected or audited.

(9) Where the Registrar makes an order pursuant to subsection (7), he or she shall give notice of such order to the Minister who mayappoint some fit and proper person or persons for the purpose of conducting the inspection or audit.

(10) In order to assist the person or persons appointed to conduct an inspection or audit under subsection (8), a Treasurer, Secretary orother officer of a registered trade union or employers’ organization has a duty to —

(a) make available to the person or persons so appointed all books, accounts, vouchers, documents, funds, bonds,securities and other assets;

(b) answer any inquires from the appointed person which that person deems necessary for the inspection or audit; and

(c) give such information and explanation as is reasonable forthe conduct of the inspection or audit.

(11) A person shall not perform any inspection or audit under thissection in connection with a trade union or employers’ organization if he or she is an officer, partner or employee of the trade union or an employers’ organization.

(12) The Trustees shall pay to the person or persons appointed

for the purpose of conducting an inspection or an audit under this section,such fees as shall be prescribed.



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Offences

353— (1) A trade union or employers’ organization whichcontravenes or fails to comply with any of the provisions of sections351 and 352 or willfully neglects to perform any duty imposed on it byor under the provisions of those sections, commits an offence.

(2) Any offence committed by a trade union or employers’organization under subsection (1), shall be deemed to have been committed by any officer on whom a duty is imposed to perform theact of which the offence committed is a breach.

(3) Any person who with intent to falsify any document or enable

a trade union or employers’ organization to evade any of the provisionsreferred to in subsection (1), wilfully makes or alters, or causes to bemade or altered, or omits or causes to be omitted from any document which is required for any of the purposes of those provisions commitsan offence.

(4) A person, who commits an offence under this section, is liableto a fine not exceeding five thousand dollars.

Provision for review

354. A trade union or employers’ organization that is aggrieved by any decision, request or penalty under this Division, may apply for

a determination of the matter in accordance with the provisions of thisCode.

DIVISION 2 Recognition of the Rights to Bargaining and Representation

Non- application

355. The provisions of this Division shall not apply to —

(a) the protective services; or

(b) managerial employees.

Interpretation

356. For the purposes of this Division, “majority” means not less than fifty percent plus one of the bargaining unit.





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through discussion, agree on the bargaining unit, and the LabourCommissioner shall be informed of such agreement, in writing, within seven days of the application being made.

(2) Where the Labour Commissioner is not informed of an agreement in accordance with subsection (1), the Labour Commissionershall, after consultation with the employer and the trade union,determine the bargaining unit he or she considers appropriate in thecircumstances and, in so doing, shall have regard to—

(a) the community of interests among the employees in theproposed bargaining unit;

(b) the nature and scope of the duties of the employees in the

proposed unit;

(c) the views of the employer and the trade unions concerned asto the appropriateness of the bargaining unit; and

(d ) the historical development, if any, of collective bargainingin the employer’s undertaking.

(3) Where an agreement or determination is made pursuant tosubsection (1) or (2), the Labour Commissioner may, beforerecognition, include additional employees in or exclude employeesfrom the bargaining unit.

(4) Where an employer or a trade union is aggrieved by the

determination of the Labour Commissioner pursuant to this section,the employer or trade union may appeal to the Tribunal against thedetermination.

Employer’s recognition

360.— (1) Subject to subsections (2) and (3), upon receipt of a noticefrom the Labour Commissioner, under section 358, an employer shall,within twenty-one days of receiving the notice, communicate—

(a) his or her agreement to recognize the trade union as the bargaining agent for that bargaining unit; or

(b) that the employer doubts that the trade union is entitled to be

recognized as the bargaining agent for that bargaining unit.

(2) A communication from an employer under subsection (1),shall be made in writing.



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(3) A communication from an employer under subsection (1) (b)shall specify the employer’s reasons for doubting that the trade union is entitled to be so recognized.

Certification following employer recognition and refusal to recognize whereone trade union applies

361.—(1) Where only one trade union has applied for certification under section 357, and the employer has communicated his or heragreement to recognize the trade union as the bargaining agent undersection 360, the Labour Commissioner shall certify the trade union.

(2) Where only one trade union has applied for certification undersection 357 and the employer doubts that the trade union is entitled to

be recognized as the bargaining agent for the bargaining unit undersection 360, the Labour Commissioner shall carry out a secret pollamong a bargaining unit and shall certify the trade union if the result of the secret poll show that the majority of workers within the bargaining

unit voted in favour of the trade union.

(3) Where the results of the secret poll pursuant to subsection (2)show that the trade union does not have a majority of votes cast, thetrade union involved or any other trade union shall not bring an application for certification to the Labour Commissioner until a periodof three months has elapsed.

Certification by poll majority

362.— (1) Where two or more trade unions have applied under section 357 in relation to the same bargaining unit, the Labour Commissionershall carry out a secret poll among employees in the bargaining unit and, in accordance with section 361, shall certify as the recognized

bargaining agent for the bargaining unit the trade union which is shown by the secret poll to have the greatest support among the employees in the bargaining unit, where the total sum of the votes cast exceed fiftypercent of the bargaining unit.

(2) Where the results of the secret poll pursuant to subsection (1)show a tie and the combined votes exceed fifty percent of the bargaining

unit and joint representation is not requested by the trade unions, a

second secret poll shall be carried out within seven days unless extendedfor good cause by the Labour Commissioner.

(3) Where the results of the second secret poll pursuant tosubsection (2) show a tie and the combined votes exceeds fifty percent



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of the bargaining unit and joint representation is not requested by thetrade unions, no trade union shall bring a further application forcertification until a period of six months has elapsed since the takingof the second secret poll.

Employer duties in conduct of poll

363. In relation to the conducting of a secret poll, every employershall—

(a) take all necessary steps to ensure that the employees whoare eligible to vote in a secret poll are given the opportunityto do so;

(b) permit each such employee to be absent from work, for areasonable period of time not to exceed two hours, without pay deduction for the purpose of voting; and

(c) facilitate the conduct of a secret poll on the premises of theemployer.

Penalty for breach to section 363

364. An employer who contravenes section 363 is liable on summary conviction to a fine not exceeding two thousand dollars or toimprisonment for a term not exceeding one month.

Restrictions in conduct of poll

365.— (1) In relation to the conducting of a secret poll a person shall not —

(a) seek, on any premises on the day on which the secret poll is being held or within one hundred yards of such premises, toinfluence an employee to vote or refrain from voting for atrade union; or

(b) wilfully obstruct any person from voting or carrying out anyfunction imposed on that person under this Division.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding two thousand

dollars or to imprisonment for a term not exceeding one month or to both.



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Employee duties in conduct of poll

366.— (1) In relation to the conducting of the secret poll, an employeeshall not —

(a) receive or agree to receive any money, loan, reward, officeor place of employment for voting or agreeing to vote or forrefraining or agreeing to refrain from voting for a trade union;or

(b) accept or take any food or drink or provision from any person where the intent is to induce the employee to vote or refrain from voting or to reward the employee for having voted orrefrained from voting.

(2) An employee who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceedingtwo thousand dollars or to imprisonment for a term not exceeding onemonth or both.

Grant or refusal of certification

367. The Labour Commissioner shall, in writing, within a periodof forty-five days of the receipt of the application under section 357 —

(a) in accordance with this Division, certify the trade union asthe recognized bargaining agent for the bargaining unit;

(b) refuse to certify the trade union on the grounds that it has not satisfied the requirement in accordance with section 362; or

(c) refuse to certify the trade union on the grounds that the bargaining unit identified by the trade union is not appropriate.

Effect of certification and compulsory recognition and duty to negotiate ingood faith

368.— (1) Where a trade union is certified under this Chapter as theexclusive bargaining agent for the employees in the bargaining unit —

(a) the trade union shall replace any other trade union that beforesuch certification was the bargaining agent for the employeesin the bargaining unit and shall have exclusive authority to

bargain collectively on behalf of the employees in the bargaining unit and to bind them by a collective agreement so long as such certification remains in force;



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(b) if another trade union had previously been certified or wasdeemed to have been certified in respect of employees in the

bargaining unit, the certification of the last mentioned trade union shall be deemed to be revoked in respect of suchemployees; and

(c) the certified trade union shall be substituted as a party to anycollective agreement applicable to any employees in the

bargaining unit in the place of the bargaining agent named in the collective agreement.

(2) Where a trade union has been certified as the recognized bargaining agent for a bargaining unit in accordance with this Division,

the employer shall recognize the trade union and the trade union andthe employer shall meet and engage in collective bargaining in goodfaith and make every reasonable effort to conclude a collectiveagreement.

Closing or restructuring of undertaking

369.— (1) Where a trade union has been certified in accordancewith this Division, or has made application for certification pursuant to this Division, an employer who decides to close or restructure an

undertaking must communicate in writing to the Labour Commissionerand to the trade union —

(a) reasonable notice of intention;

(b) reason for closure or restructuring; and

(c) the number and categories of employees to be affected.

(2) An employer who closes an undertaking without complyingwith subsection (1) commits an offence and is liable on summaryconviction to a fine not exceeding ten thousand dollars.

(3) In any prosecution under subsection (2), the onus shall be on the employer to prove that he or she gave the Labour Commissionerand the trade union concerned reasonable notice and reasons for theclosure or restructuring.

New collective agreement

370. A collective agreement shall remain in force until a newagreement is signed by the certified trade union and the employer.



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Revocation of exclusive bargaining rights

371.— (1) Any time after one year from the certification of a trade union as the exclusive bargaining agent for a bargaining unit, anyemployee in that bargaining unit may apply to the Labour Commissionerfor the withdrawal of the certification on the basis that the majority of employees in the bargaining unit no longer wish to have the trade union as their exclusive bargaining agent.

(2) An application under subsection (1), shall be accompanied byevidence that a substantial number of employees in the bargaining unit do not wish to have the trade union as their exclusive bargaining agent.

(3) Within thirty days of receiving an application under subsection (1), accompanied by evidence as required by subsection (2), the LabourCommissioner shall conduct a secret poll of the employees in the

bargaining unit.

(4) After a secret poll conducted under subsection (3), the LabourCommissioner shall grant the application made under subsection (1),if more than fifty per cent of those employees in the bargaining unit vote against having the trade union represent the bargaining unit as theexclusive bargaining agent, in which case the Labour Commissionershall cancel the certification of the trade union and the trade union shall not bring a further application for certification until a period of six months has elapsed.

(5) If the application for cancellation of the certification is refused,no one shall bring a further application for the cancellation of thecertification until a period of six months has elapsed.

Right to appeal

372. Where there is a dispute regarding the applicability of section 362 or 363 an aggrieved party may apply for determination by theTribunal of the matter in accordance with this Code.

Right to choose representative

373. Nothing in this Division prevents an employee from being

assisted by a representative of his or her choice, including an officerof a trade union which has not been certified under this Division, in apersonal grievance or disciplinary matter relating to his or heremployment.



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Access to employer’s premises

374.— (1) An employer shall not deny to an officer or authorizedrepresentative of any trade union certified under this Division suchaccess to the employer’s premises as is reasonable and necessary forthe lawful activities of the trade union.

(2 ) In granting the access pursuant to subsection (1), an employermay impose such restrictions as to time and place which are reasonableand necessary to avoid undue disruption of operations and in the interest of safety.

Appropriate time for trade union representatives

375.— (1) Subject to section 374, a representative of a certifiedtrade union at the workplace shall have appropriate time during work hours as is necessary for the performance of his or her duties as therepresentative and shall not suffer any detriment, discrimination ordisadvantage, including any loss in normal pay by reason of suchrepresentation.

(2) In determining what is appropriate time, due regard shall begiven to the efficient operation of the enterprise.

Offence of refusing to meet to bargain in good faith

376.— (1) An employer shall not refuse or fail to meet to bargain

collectively in good faith with a trade union certified as the bargainingagent for its enterprise in accordance with this Division.

(2) A trade union certified as the bargaining agent for an enterpriseshall not refuse or fail to meet to bargain collectively in good faithwith an employer in accordance with this Division.

(3) An employer or a trade union certified as a bargaining agent that contravenes subsection (1) or (2) commits an offence and is liablefor a first offence on summary conviction to a fine not exceeding fivethousand dollars or on summary conviction for a second or subsequent offence to a fine not exceeding five hundred dollars for each day on which the offence continues after conviction for the prior offence.





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DIVISION 3Collective Agreements

Collective agreements

378.— (1) A collective agreement shall —

(a) be committed to writing and signed by the parties to theagreement;

(b) contain the date of its duration;

(c) contain effective procedures for the avoidance and settlement of rights and interests disputes which procedures may include

a reference of any dispute to conciliation, mediation orarbitration;

(d ) contain provisions for the settlement of all differences arisingout of the interpretation, application and administration of the agreement;

(e) provide for such other matters as may be agreed between the parties to the agreement;

( f ) be signed in the presence of and lodged with the LabourCommissioner or his or her representative.

(2) Nothing in this section shall affect the validity of a collective

agreement which is valid and existing immediately before the cominginto force of this Division and such agreement shall remain in force

until it expires or is replaced by another collective agreement.

Enforceability of collective agreements

379.— (1) A collective agreement is legally enforceable on a certifiedtrade union and an employer that have entered into it and on an employeewho is a member of the recognized trade union, or member of a

bargaining unit for whom that trade union has been recognized if thecollective agreement —

(a) is in writing;

(b) provides that the parties intend it to be a legally enforceablecontract in its entirety.



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(2) Where a collective agreement which is in writing contains aprovision stating that the parties intend one or more parts, but not thewhole of the collective agreement as a legally enforcement contract,then —

(a) the specified part or parts shall be legally enforceable; and

(b) the remainder of the collective agreement shall not be legallyenforceable,

and the part or parts of the collective agreement which are legallyenforceable shall be incorporated into the contract between theemployer and employee.

(3) Any party to a binding collective agreement may apply to theTribunal to enforce the collective agreement.

Successor rights and obligations

380.— (1) If a business or a part of it is sold, leased, transferred, orotherwise disposed of —

(a) the purchaser, lessee or transferee is bound by all theproceedings under this Part that were commenced beforethe date of the disposition and the proceedings shall continueas if no change had occurred;

(b) if a collective agreement is in force, it continues to bind thepurchaser, lessee, or transferee to the same extent as if it had been signed by the purchaser, lessee or transferee.

(2) Where a dispute arises regarding the applicability of thissection, an affected party may apply to the Tribunal for a determination of the matter in accordance with this Part.

Regulations

381. The Minister in consultation with the Labour Commissionermay make Regulations for —

(a) the conduct, organization and timing of a secret poll; or

(b) the carrying out of the provisions of this Division into effect.



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PART VIIIPRINCIPLES AND PROCEDURES IN INDUSTRIAL RELATIONS

AND INDUSTRIAL DISPUTES

DIVISION 1Settlement of Trade Disputes

Non-application

382. The provisions of this Division do not apply to members of the protective services.

Freedom to engage in industrial action

383. Every person has the freedom to engage in industrial action

within the limits prescribed by this Code and no court shall have jurisdiction with respect to the granting of any restraining order or anyinjunction, temporary, or permanent, in connection with industrialaction taken in accordance with this Code.

Peaceful picketing

384. Notwithstanding anything contained in this Code or any otherlaw to the contrary, one or more persons acting on their own behalf oron behalf of a trade union, or of an individual employer, in furtheranceand contemplation of a trade dispute, may attend at or near a placewhere a person works or carries on business, if they so attend merelyfor the purpose of peacefully obtaining or communicating information,or of peacefully persuading any person to work or abstain from

working.

Effect of strike on contract of employment

385. A person does not commit a delict, a breach of contract or a breach of a collective agreement merely by taking part in a strike or alockout in compliance with this Code.

Employee not entitled to remuneration during strike

386. An employer is not obliged to remunerate an employee forservices that the employee does not render during a strike or lockout.

Trade disputes to be reported to Labour Commissioner

387. Where a trade dispute exists or is contemplated, it shall bereported to the Labour Commissioner by, or on behalf of the parties tothe dispute, and the Labour Commissioner shall consider the matterand take such steps as seem to him or her, expedient for promoting asettlement of such dispute.



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Referral of trade dispute to the Tribunal with consent

388. After a trade dispute is reported to the Labour Commissioner,he or she may, and if both parties to the dispute consent, refer thematter for settlement to the Tribunal.

Conciliation procedures to be exhausted

389. — (1) Where there exists in any trade or industry arrangementsfor settlement of disputes by conciliation or arbitration made pursuant to an agreement between employers’ organizations and trade union organizations, the Labour Commissioner shall not, unless with theconsent of both parties to the dispute, and unless and until there has

been a failure to obtain a settlement by means of those arrangements,refer the matter for settlement in accordance with this Division.

(2) Notwithstanding the provisions of subsection (1), where a partyhas referred a matter for settlement to the Labour Commissioner andthe Labour Commissioner discovers a failure by the parties to exhaust the steps outlined in the grievance procedure before its referral, theLabour Commissioner shall not consider the matter and shall direct the parties to abide by the provisions of the grievance procedure.

Minister to attempt mediation

390.— (1) Notwithstanding the provisions of section 389, where atrade dispute exists or is contemplated the Minister may, if in his orher opinion such dispute is likely to be harmful to the public interest,intervene in the dispute or pending dispute, for the purposes of mediation.

(2) Where the Minister intervenes pursuant to subsection (1), heor she shall take such steps as he or she deems expedient for promotinga settlement of the dispute including the summoning of the partiestogether to attempt reconciliation.

(3) If the Minister fails at promoting a settlement to the dispute,he or she shall notify the parties to the dispute and thereafter be referredto the Tribunal for settlement.

DIVISION 2 Regulation of Disputes in the Essential Services

Dispute procedure

391.— (1) Any trade dispute which exists or is contemplated in an essential service shall be reported in writing to the Minister by or on

behalf of either party to the dispute.



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(2) Where the Minister —(a) after a report is made to him or her in accordance with

subsection (1) and he or she is satisfied that such trade disputeexists or is contemplated in an essential service; or

(b) on his or her own initiative becomes aware of the existenceof a trade dispute in an essential service or contemplatessuch dispute,

the Minister may investigate any matter appearing to him or her to berelevant to that dispute or take such steps as appear expedient to theMinister to promote a settlement.

(3) The Minister shall consider any dispute reported to him orher in accordance with subsection (1) or that he or she became awareof in accordance with subsection (2)(b), and, if in the Minister’s opinion,suitable means for settling the dispute already exist in an agreement

between the parties to the dispute, he or she shall refer the dispute forsettlement in accordance with the agreement.

(4) Where steps to promote a settlement of the dispute have been taken by the Minister under the provisions of subsection (2) or (3) andthose steps have not resulted in a prompt settlement of the dispute, theMinister shall —

(a) within fourteen days from the date on which the dispute was

reported to him or her; or(b) within fourteen days from the date when the Minister first

took cognisance of the dispute in accordance with subsection (2);

refer the dispute for settlement to the Tribunal.

(5) Where there is no suitable means of settlement for a tradedispute in accordance with subsection (3) or where a dispute exists in an essential service and industrial action is taking place in that essentialservice, the Minister, notwithstanding the existence of means forsettling the dispute in accordance with subsection (3), shall refer thedispute to the Tribunal before the expiration of fourteen days of the

date on which the dispute was reported to him or her in accordancewith subsection (1) or on which he or she took cognisance of the disputein accordance with subsection (2)(b).





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the probable consequences of that other person so doing would be toendanger human life or cause serious bodily injury, or to expose valuableproperty, whether land or personal, to destruction or serious damage.

(3) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars.

Permission from Attorney General for prosecutions

395. A prosecution for an offence under this Division shall not becommenced without the consent of the Attorney General.

Duty of Minister to take measures for the preservation of essential services396.— (1) It shall be the duty of the Minister to take all lawful

measures including the expenditure of public funds for the preservation,maintenance and continuity of any essential service.

(2) Sums required for the purposes of subsection (1) or for carryingout the provisions of this Division may be payable out of the ConsolidatedFund.

Services declared to be essential services

397. The services specified in the Eighth Schedule are declaredto be essential services.

Minimum service in some sectors

398. Where industrial action takes place or is contemplated in an essential service, provision shall be made for minimum service to berendered to the public such that the economy, health or safety of thecountry is not endangered.

Power of Minister to make Regulations

399. The Minister may make Regulations generally for givingeffect to or for the better carrying out of the provisions of this Division.



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DIVISION 3 Dispute Resolution by Labour Department

Department of Labour

400. The Department of Labour shall administer and carry out all administrative functions as laid down under this Code and as theMinister may direct.

Officers of the Department of Labour and appointment

401.— (1) There shall be labour officers of the Department of Labourcomprised of a Labour Commissioner, a Deputy Labour

Commissioner, occupational safety and health officers, a law officerand such other labour officers as may be necessary for the efficient functioning of this Code.

(2) The Public Service Commission shall appoint such number of labour officers as may be necessary to carry out the duties of thedepartment effectively.

(3) For the purposes of this Code “law officer” has the meaninggiven to it pursuant to the Legal Professions Act, Cap. 2.04.

Responsibilities of the Labour Commissioner

402.— (1) The Labour Commissioner shall be responsible for thegeneral administration of the work of the Department of Labour , forthe administration of the Code and such other functions as may beassigned to him or her by the Minister.

(2) Without derogating from the generality of subsection (1) in particular, the Labour Commissioner shall —

(a) promote the settlement of any differences between employersand employees in accordance with the provisions of this Codeincluding the facilitation of any meetings for the purposes of conciliation between the parties to a trade dispute;

(b) advise the Minister on all labour matters and on measures to

improve industrial relations generally;



870


(c) encourage the development of tripartism and collective bargaining and provide technical advice to employers andtrade unions on industrial relations;

(d ) be responsible for the inspection of all workplaces in accordance with this Code;

(e) prepare an annual report on the work of the department of labour and on its functions under this Code and such reportsshall be published within twelve months after the end of theyear to which they relate;

( f ) make recommendations to the Minister for the promotion of good industrial relation practices;

(g) where he or she deems appropriate, recommend to theMinister to collect, prepare and publish statistics relating toany matter pertaining to this Code and labour matters in thecountry;

(h) where possible, facilitate mechanisms for training andretraining of workers in Saint Lucia on a tripartite basis;

(i) delegate certain of his or her powers to other labour officersin order to enforce the provisions of this Code and to revokesuch delegation at any time; and

( j ) act, to the best of his or her ability, as an advisor on allmatters pertaining to the Code and all matters concerning

employment in Saint Lucia when called upon to do so byemployers or trade unions.

Power of Labour Commissioner to institute proceedings

403. The Labour Commissioner may institute or cause to beinstituted any hearing, prosecution, or proceeding before the Tribunalfor investigation and determination for the purposes of enforcing theprovisions of this Code.

Proceedings instituted by Labour Commissioner upon complaint

404. Where any person alleges a violation of a provision of thisCode, he or she may report the matter to the Labour Commissioner

who may institute or cause to be instituted proceedings before theTribunal.



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Labour Commissioner to hold informal inquires

405. The Labour Commissioner may inquire informally into anydispute or, pending dispute between an employer and employee or acomplaint under this Code brought to his or her notice, and use his orher offices and influence to bring about a fair and reasonable settlement of such dispute or complaint without recourse to formal or legalproceedings.

Power of the Labour Commissioner to summon witnesses

406. The Labour Commissioner may, in the exercise of his orher functions under this Code, summon any employer, union, employee,interested party or witness to the Department of Labour for the purposes

of facilitating an investigation of any complaint, matter or query underthis Code or the resolution of any industrial relations dispute.

Powers of labour officers

407. A labour officer may —

(a) enter any workplace or place where an employee is housed,freely and without previous notice or warrant, during workinghours, for the purposes of inspection or investigation in relation to matters arising from this Code;

(b) enter, during working hours, any premises which he or shereasonably believes to be a workplace;

(c) enter the private home of an employer with the consent of the employer or with a warrant from a Magistrate where alabour officer reasonably believes that the private home of the employer is an industrial establishment or workplace;

(d ) carry out any examination, test or enquiry which he or sheconsiders necessary in order to satisfy himself or herself that the provisions of this Code relating to the employment of persons or the operation of a workplace are being strictlyobserved;

(e) seek information from the employer or the employees of the undertaking or interested parties or any witness on any matter

concerning the application of any such provision of this Code;( f ) require the production of any records, books, registers or

other documents, the keeping of which is prescribed by thisCode and copy such documents or make extracts of them;



872


(g) upon giving a receipt, seize any records, books, registers orother documents the keeping of which is prescribed by thisCode which are, in the opinion of the labour officer, necessaryfor the resolution of a dispute, matter or query under thisCode, and where the labour officer reasonably believes that such records, books registers or other documents are not likely to be forthcoming voluntarily from the employer; but where such books, records or other documents are necessaryfor the continued operations of the business reasonable accessthereto shall be allowed to the employer;

(h) enforce the posting of notices required by legal provisions;

(i) for purposes of analysis take or remove samples of materials

and substances used or handled, subject to the employer orthe employer’s representative being notified of, shown andauthenticating any samples or substances to be taken orremoved for that purpose;

( j ) take such photographs or video shots as may be useful forsuch purposes;

(k ) require the employer or any person in the service of that employer to give the labour officer all reasonable assistancewith, and to answer all questions relating to the examination.

(l ) require from employers, information as to the terms andconditions of employment of the employees and any otherinformation necessary to enforce the provisions of this Code;

(m) search, if necessary with the assistance of any other person,any building, receptacle or place for books, records,documents, papers or things which may afford evidence asto the violation of any provision of this Code; or

(n) exercise any additional powers laid down under section 176when acting in the capacity of an occupational safety andhealth officer.

Immunity of labour officers

408. An action shall not be brought against any labour officer in

respect of anything done or omitted to be done by him or her in goodfaith in the execution of his or her powers and duties under this Code.



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Duty of confidentiality

409.— (1) Except where otherwise provided under this Code andthe Regulations or as required by law —

(a) a labour officer, a person accompanying a labour officer ora person who, at the request of a labour officer obtainsinformation or makes an examination, test or inquiry pursuant to the powers conferred on him or her under this Code, shallnot publish, disclose or communicate to any person anyinformation, material statement, report or result of anyexamination, test or inquiry acquired, furnished, obtained,made or received under the powers conferred under this Codeor the Regulations;

(b) a person shall not publish, disclose or communicate to anyperson any secret manufacturing process or trade secret acquired, furnished, obtained, made or received under theprovisions of this Code or the Regulations made thereunder;

(c) a person to whom information is communicated under thisCode and the Regulations shall not divulge the name of theinformant to any person.

(2) The duty of confidentiality referred to under subsection (1)shall not apply —

(a) where written instructions of the Minister to disclose has

been issued save that the Minister may not issue instructionsto disclose matters referred to under subsection (1) (b);

(b) where disclosure is required in the necessary course of theduties of the labour officer;

(c) where evidence is being given before a court of competent jurisdiction or the Tribunal; and

(d ) where the consent of the person affected by such a disclosurehas been obtained.

(3) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding five thousanddollars or to imprisonment for a term not exceeding one year or to

both.

Individual complaints

410.— (1) Except where provision is made under this Code for acomplaint to be addressed directly to the Tribunal, any complaint made



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by an individual, alleging a contravention of any of the provisions of this Code, shall be made to the Labour Commissioner in the first instance.

(2) Upon receipt of a complaint under subsection (1), the LabourCommissioner may refer the matter to the Tribunal for determination.

Individual disputes

411. Where an employee or employer, or a person acting on behalf of such employee or employer, or a trade union representativeacting on behalf of an employee where there is no certified trade union at that establishment, makes a complaint to the Labour Commissioner,

it shall be deemed to be an individual dispute.

Procedure for individual disputes by Labour Commissioner

412. Where the Labour Commissioner decides to, in his or herdiscretion, hear and determine an individual dispute made to him orher, he or she may summon the parties in order to determine thematter.

Evidence and arguments

413. At a hearing of an individual dispute, the parties may present evidence on the issues, argue orally or present written briefs to theLabour Commissioner and to all parties to the dispute.

Witnesses and documents

414. The Labour Commissioner may examine the parties andwitnesses to a hearing orally and may request such documents orrecords which he or she determines to be relevant to the matter beingheard.

Time limit for determination

415. Within six weeks of a hearing pursuant to section 412, theLabour Commissioner shall make a determination of the matter and—

(a) the decision shall be in writing;

(b) the decision shall contain findings of facts, explanations of the evidence and relevant sections of this Code; and

(c) the decision shall outline the relevant issues presented andthe underlying reasons for the decision.



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Time limit for review

416.— (1) Within six weeks of a determination made pursuant tosection 415 by the Labour Commissioner, any party to the decision may make an application for a review of the decision to the Tribunal.

(2) If the Labour Commissioner has failed to determine the matterafter six weeks from the date of receipt of the complaint, the mattershall be referred to the Tribunal for determination.

Decision of Labour Commissioner to be final and binding

417.— (1) Subject to subsection (2), where a decision of an individual

dispute has been made by the Labour Commissioner, that decision shall be final and binding.

(2) Subsection (1) shall not apply where the matter is referred tothe Tribunal for review.

Impartiality of Labour Commissioner

418.— (1) The Labour Commissioner shall be impartial in his orher determination of any matter before him or her and in particular,shall not accept or receive any reward or benefit or promise of rewardor benefit in connection with his or her handling of any matter referredto him or her either before, during or subsequent to his or her handling

of such matter.

(2) The Labour Commissioner shall declare any personal,financial or other interest in any matter for determination and shallwithdraw from such matter.

(3) A person shall not threaten the Labour Commissioner or causehim or her to suffer any reprisal or prejudice in connection with his orher handling of any matter.

(4) A person shall not give, or promise to give the LabourCommissioner any reward or benefit in connection with his or herhandling of any matter referred to him or her for determination.

(5) Any person who contravenes any provision of this section commits an offence and is liable on summary conviction to a fine not exceeding fifteen thousand dollars or to imprisonment for a term not exceeding six months or both.



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Powers of Labour Commissioner to recommend remedies

419. Where the Labour Commissioner makes a statement of finding in accordance with section 415, he or she may recommend an appropriate remedy and in particular may —

(a) in an unfair dismissal matter, recommend the payment of asum of money equal to the loss of remuneration sustainedfrom the date of dismissal;

(b) recommend the reinstatement or re-engagement of anyemployee where appropriate and in accordance with thisCode;

(c) in any case alleging an infringement of a provision of this

Code, recommend that the act, conduct or omission found to be unlawful be ceased and, or not repeated, including anyact, conduct or omission which is part of a collectiveagreement or other agreement;

(d ) direct the payment of remuneration where due;

(e) direct an employee to repay loans advanced as wages pursuant to section 48;

( f ) direct any sum payable at the termination of employment including-

(i) any severance or redundancy payment due under thisCode;

(ii) any vacation, notice or other benefits; or

(g) recommend the taking of vacation leave or maternity leavewhen due in accordance with this Code.

Recommended remedy

420.— (1) The parties to a remedy recommended by the LabourCommissioner under section 419 may accept such remedy and whereaccepted, the remedy shall be registered by the Tribunal within threeweeks and shall become binding as an award of the Tribunal.

(2) Where the remedy recommended by the Labour Commissioner

is not accepted by both parties to the matter, the recommendation shall be forwarded to the Tribunal within two weeks and the Tribunalmay, in its discretion —



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(a) accept the recommended remedy and deem it a binding awardof the Tribunal; or

(b) substitute the recommendation for an appropriate award of its own.

Refusal to abide by decision

421.— (1) A person shall not refuse to abide by a determination orremedy of the Labour Commissioner as agreed by the parties to adispute in accordance with this Division.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten

thousand dollars or imprisonment for a term not exceeding three monthsor to both.

Obstruction of Labour Commissioner’s hearing

422.— (1) A person shall not refuse to obey a summons of or arequest for documents made by the Labour Commissioner for thepurposes of conducting a hearing and determining an individual disputepursuant to this Part, or otherwise obstruct the Labour Commissionerin the execution of his or her duties.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousand

dollars.

Interpretation of decisions

423. A party to a decision of the Labour Commissioner may applyto the Labour Commissioner for a resolution of any question of interpretation which arises from that decision and such resolution shall

be made without further hearing and shall form part of the originaldecision.

DIVISION 4The Labour Tribunal

Establishment of Labour Tribunal

424. There is hereby established a tribunal to be known as theLabour Tribunal which shall have jurisdiction to hear and decide allmatters referred to it in accordance with this Code.



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Composition of Tribunal

425.— (1) The Tribunal shall comprise seven members appointed by the Minister as follows —

(a) the Chairperson who shall be an attorney-at-law of at least three years standing with experience or qualifications in industrial relations chosen by the Minister in his or her own deliberate judgement;

(b) two persons chosen by the Minister in his or her own deliberate judgement;

(c) two persons nominated by or on behalf of the bodies most representative of employers; and

(d ) two persons nominated by or on behalf of the bodies most representative of employees or trade unions.

(2) The members of the Tribunal shall select a member to be theDeputy Chairperson.

Sittings of Tribunal

426.— (1) Subject to subsection (2), the Tribunal shall sit in Divisions.

(2) A Division of the Tribunal shall comprise —

(a) the Chairperson or the Deputy Chairperson;

(b) one representative of the trade unions; and

(c) one respresentative of employers’ organisations.

(2) The Deputy Chairperson may act as the Chairperson in anymatter before the Tribunal where, in the opinion of the Chairperson, it is expedient to do so.

(3) The Tribunal may sit at such times as are necessary for thesettlement of a dispute or complaint.

Remuneration of Members

427. The remuneration of the members of the Tribunal shall beas set out in the Regulations made in accordance with this Part.



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Appointment of officers and committees

428.—(1) The Minister may appoint such officers to the Tribunal asare necessary for the proper exercise of its duties.

(2) The Tribunal —

(a) shall subject to subsection (3) appoint a medical committeefor the purpose of advising the Tribunal on the mattersreferred to in section 94 or for the purposes of determiningappeals relating to medical matters; and

(b) may appoint other committees for the purpose of advisingthe Tribunal on matters before it.

(3) A medical committee appointed pursuant to subsection (1)shall comprise two medical practitioners and a registered nurse.

Tribunal to regulate its own procedure

429. The Tribunal shall, subject to this Part, regulate its own procedure.

Vacancies in the Tribunal

430.— (1) Where a vacancy exists in the membership of the Tribunal,except where the vacancy is in respect of the Chairperson, the Tribunalmay, with the consent of the parties to a dispute, act notwithstanding

the vacancy.

(2) Any act, proceeding, or determination of the Tribunal shallnot be called in question or invalidated by reason of a vacancy, providedthat in the circumstances referred to in subsection (1) the requiredconsent has been first obtained.

Powers of Tribunal

431. For the purpose of dealing with any matter referred to it,the Tribunal shall adhere to the principles of natural justice and may,without being bound by the rules of evidence in civil or criminalproceedings —

(a) request any person to furnish in writing or otherwise suchparticulars in relation to the matter;



880


(b) where necessary summon and enforce the attendance of anyperson before the Tribunal to give evidence on oath orotherwise;

(c) request the production of documents by a person so as toelicit all such information as in the circumstances may benecessary;

(d ) administer oaths and affirmations;

(e) enter any premises of an employer where work is being orhas been done by employees and inspect and view any work,material, machinery, appliances or articles therein and seek information from any person with respect to any matter that

is before the Tribunal;

( f ) adjourn or postpone the hearing from time to time;

(g) abridge or enlarge the time for instituting any proceeding orfor doing any act, filing any document or presenting anyevidence in connection with the proceeding;

(h) amend or permit the amendment of any document filed in connection with the proceeding;

(i) decide any question that may arise in the proceeding,including, without restricting the generality of the foregoing,any question as to whether-

(i) a person is an employer or employee;

(ii) a group of employees is an appropriate bargaining unit.

Power of the Tribunal to hear matters ex parte

432. The Tribunal shall have power to hear any complaint, dispute,industrial dispute or other matter referred to it for determination, on the Tribunal being satisfied that due notice of the hearing was servedon a party to the dispute, notwithstanding that that party fails to appear

before the Tribunal.

Orders declaring rights and imposing duties

433. The Tribunal shall have authority to make orders —

(a) declaring the rights of the parties in any matter arising out of this Code;



881


(b) directing any person to comply with any duty imposed on him or her by this Code.

Orders or awards of the Tribunal for trade disputes

434.— (1) The Tribunal shall have jurisdiction to hear and determinetrade disputes in accordance with this Code.

(2) The Tribunal shall make such order or award within fourteen days of the receipt of the matter being referred to it or such longerperiod as the Tribunal may determine.

Order may be retroactive

435. An order or award in any matter referred to the Tribunalfor determination may be made operative from such date as theTribunal may consider fair and just having regard to all thecircumstances of the case.

Binding effect of orders on relevant persons

436.— (1) An order or award of the Tribunal shall be binding on—

(a) all parties to the dispute who appear or are represented beforethe Tribunal;

(b) in the case of an employer, any successor to, or assignee of the business of the employer who is a party bound by such

order or award, including any company that has acquired ortaken over the business of such a party;

(c) any trade union on whom such order or award is at any timedeclared by the Tribunal to be binding as well as on itssuccessors; and

(d ) all workers whom the dispute concerns and to whom suchorder or award refers.

(2) The Tribunal may, during the course of any dispute pending before it, direct that any successors to, or any assignees of the employerwho are parties to the dispute shall be joined or substituted as partiesto the dispute and any order or award of the Tribunal in such a dispute

shall, except to the extent that it is otherwise expressed in such orderor award, be binding on the successors or assignees of that employer.



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(3) For the purpose of this section, a question whether a person isthe successor to or an assignee of another, shall be determined by theTribunal from all the circumstances in accordance with the principlesof good industrial relations practice and such determination shall be

binding on the persons referred to in subsection (1).

Tribunal may sit in private

437.— (1) The Tribunal may sit in private for the purpose of hearingevidence if, in the opinion of the Tribunal, the interests of the partiesor the public so require.

(2) Evidence given before the Tribunal at a hearing held in private

in accordance with the provisions of subsection (1), shall not bedisclosed to any person except with the consent of the Tribunal.

(3) A person who discloses any evidence in contravention of subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars.

Appearance of counsel and presentation of evidence

438.— (1) The Tribunal may —

(a) allow the presentation of evidence in written briefs from anyparty;

(b) allow any party to give evidence orally;

(c) permit an interested person to appear before it by counsel on any proceeding or inquiry; or

(d ) permit any person, whether a trade union representative orotherwise to appear before it as the representative of a partyto a dispute where that party requests such representation in writing.

(2) Where evidence is given in written briefs, the Tribunal mayfurther examine the evidence presented by —

(a) seeking further clarification or elaboration in writing;



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(b) summoning any of the parties or their representative orcounsel to an oral hearing.

Attendance of public or media

439. The Tribunal may admit or exclude the public or media fromany of its sittings.

Appointment of experts

440.— (1) In any proceeding where it is appropriate, the Tribunalmay appoint persons who are experts in a particular subject area of relevance to a particular dispute before the Tribunal to act as specialadvisors to the Tribunal.

(2) Where experts are appointed pursuant to subsection (1), theirappointment shall be automatically revoked after a determination of the particular matter in dispute before the Tribunal.

Failure to attend

441.— (1) A person shall not —

(a) without sufficient cause, fail or refuse to attend before theTribunal in obedience to a summons;

(b) without sufficient cause, fail or refuse to produce any paper, book, record, or document which he or she was required bysuch summons to produce;

(c) being a witness, leave the Tribunal without the permission of the Tribunal;

(d ) being a witness, refuse, without sufficient cause, to answerany question put to him or her by or with the permission of the Tribunal; or

(e) wilfully obstruct or interrupt the proceedings of the Tribunal.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars.

Awards

442.— (1) Without prejudice to any provision of this Code givingpowers to the Tribunal, it shall have the right to award an applicant any sum of money judged to be due to him or her under this Code.



884


(2) Without prejudice to the generality of subsection (1), theTribunal’s award may include any one or more of the following —

(a) compensation for unfair dismissal;

(b) an award of termination benefit;

(c) an award of remuneration that has not been properly given as required under this Code;

(d ) an award of leave pay when the employer has not compliedwith the provisions of this Code relating thereto;

(e) reinstatement or re-engagement in accordance with this Code;

( f ) an award of damages.

(3) Any monetary award of the Tribunal shall be recoverable asa liquidated civil debt.

(4) An award by the Tribunal shall be included amongst the debtswhich under the relevant law are in the distribution of the property orassets of a bankrupt, or in the winding-up of a company and shall rank pari passu with taxes upon the bankrupt or company where application to the Tribunal has been made before the date of the receiving order of the commencement of the winding up of the company as the case may

be.

Award binding and not to conflict with Code

443. An award made by a Tribunal pursuant to section 442, shallnot be inconsistent with any provision of this Code and shall be finaland binding.

Interpretation of decisions of the Tribunal

444. Any party to a decision of the Tribunal may apply to theTribunal for a resolution of any question of interpretation which arisesfrom that decision and such resolution shall be made without furtherhearing and shall form part of the original decision.

Publication of award

445. An award of a Tribunal shall be submitted to the Ministerwho shall as soon as possible cause it to be published in a manner he orshe thinks fit.



885


Majority vote

446. The decisions of the Tribunal and every decision thereof shall be by the votes of the majority of its members and where there isno majority vote, the decision of the Chairperson shall prevail.

Decision to be in writing

447. The decision of the Tribunal shall be in writing setting out—

(a) the issue or issues determined;

(b) any conflicting evidence presented;

(c) the reasons for the decision; and

(e) the relevant section or sections of this Code.

Decision not to be questioned

448. Any party to an application or matter before the Tribunalshall be entitled to apply to the High Court for judicial review in respect of any decision of the Tribunal on grounds including one or more of thefollowing —

(a) the Tribunal did not have jurisdiction in the proceeding;

(b) the Tribunal exceeded its jurisdiction in the proceeding;

(c) the decision was obtained by fraud;

(d ) the decision is ultra vires; or

(e) the decision is erroneous in law.

Order of Court

449. On an application made to it pursuant to section 448, theHigh Court may make such order as the circumstances of the caserequire including, without restricting the generality of the foregoing, aorder—

(a) quashing the decision of the Tribunal and remitting the matterto the Tribunal with such direction as the High Court considers

necessary;(b) directing a new hearing on any question without interfering

with the decision of the Tribunal upon any other question; or

(c) dismissing the application.





887


(d ) intentionally make a false entry in any register or any otherdocument required to be kept and maintained pursuant to thisCode;

(e) with intent to deceive, forge, counterfeit or use a document which he or she knows to be false and which resembles anydocument required under this Code; or

( f ) falsely pretend to be a labour officer.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment not exceeding two years.

Obstructing, assaulting or threatening labour officers

453.— (1) A person shall not assault or threaten with violence orintentionally hinder or obstruct a labour officer in the exercise of hisor her duties.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six monthsor to both.

Penalty for disobedience of summons

454.— (1) A person shall not refuse to obey a summons by the LabourCommissioner for the purposes of facilitating an investigation of anycomplaint, matter or query, or the resolution of any trade dispute underthis Code.

(2) A person who contravenes subsection (1) commits an offenceand is liable on summary conviction to a fine not exceeding ten thousanddollars or to imprisonment for a term not exceeding six months.

Complaint to court after internal remedies exhausted

455. Except where expressly exempted in this Code, an application for redress of any alleged contravention of this Code may be madeto a court only after a complaint has been made to the LabourCommissioner or to the Tribunal or to any other tribunal establishedfor the purposes of dispute resolution under this Code and has been exhausted.



888


Time limits for proceedings and prosecutions

456.— (1) Subject to subsections (2) and (3), a complaint for redressto the Tribunal shall be brought before the Tribunal within one year.

(2) Where any law in force provides for a greater time period forproceeding before a tribunal in respect of any matter, that law shallprevail over the provisions of subsection (1).

(3) Where a matter has been referred to the Labour Commissionerfor determination, the time period shall begin from the date of determination or referral to the Tribunal where no determination has

been made.

Power of court to order contravention to be remedied

457. Where a person is convicted of an offence under this Code,the Court may order him or her, within the time specified in the order,to take any specific action to remedy the cause of the contravention.

Offences by corporate bodies

458. Where a corporate body has contravened any provision of this Code and the contravention is proved to have been committed withthe consent or connivance of, or to be attributable to any neglect on thepart of any director or manager of the corporate body, he or she aswell as the corporate body shall be deemed to have contravened that

provision and be liable to be proceeded against and punishedaccordingly.

Proceeding in tort and criminal proceedings

459. Notwithstanding any provision made for redress of acontravention under this Code, nothing contained in this Code shall betaken to prohibit or prejudice any suit or proceeding in tort, or anycriminal proceeding or any suit under any other law in force in Saint Lucia, existing or in the future, for any act or omission arising out of employment.

Service and sending of documents

460.— (1) Any notice, complaint, decision or other document required or authorized to be served under this Code may be served on any person by sending it by prepaid registered post to his or her last known address —



889


(a) on any individual by handing it to him or her or by leaving it at his or her residence;

(b) on any firm by handing it to any partner thereof, or by leavingit at the principal place of business of such firm;

(c) on any limited company by handing it to an officer of thecompany, or by leaving it at its registered office; and

(d ) on the Manager of the workplace, even though it is a limitedcompany, in the manner referred to in paragraph (a), (b) or(c).

(2) Any such document intended to be served upon the Manager

of the workplace may be addressed to “the Manager” at the properaddress of the workplace without further name or description.

General power of the Minister to make Regulations

461. The Minister may make Regulations generally for thepurposes of this Code and without prejudice to the generality of theforegoing may make Regulations —

(a) prescribing the form of any notice, application, complaint orother document required by this Code;

(b) varying any time periods established or required under thisCode; or

(c) prescribing an offence pursuant to this Code to be a ticketableoffence in accordance with section 466.

Repeal

462. The following enactments are repealed —

(a) Equality of Opportunity in Employment Act, Cap. 16.14;

(b) Minimum Wages Act, Cap. 16.09;

(c) Registration, Status and Recognition of Trade Unions andEmployers’ Organizations Act, Cap. 16.06;

(d ) Essential Services Act, Cap. 16.12;(e) Contracts of Service Act, Cap. 16.03;

( f ) Employment of Women, Young Persons and Children Ordinance, Cap. 100, Revised Laws of Saint Lucia 1957;



890


(g) Employment of Women Ordinance Cap. 99, Revised Lawsof Saint Lucia 1957;

(h) Employment of Children (Restriction) Ordinance Cap. 98,Revised Laws of Saint Lucia 1957;

(i) Employers and Servants Ordinance Cap. 97, Revised Lawsof Saint Lucia 1957;

( j ) Foreign Nationals and Commonwealth Cit izens(Employment) Act, Cap. 16. 13;

(k ) Holiday With Pay Act, Cap. 16.11;

(l ) Protection of Wages Act, Cap. 16.08;

(m) Shop Hours Ordinance, Cap. 42, Revised Laws of Saint Lucia1957;

(n) Employees (Occupational Health and Safety) Act, Cap.16.02; and

(o) Factories Act, Cap. 13.02.

Savings

463. All subordinate legislation made under the repealed Actslisted in section 462, immediately before the coming into force of thisCode, so far as they are not inconsistent with the provisions of this

Code, continue in force as if made under this Code until revoked underthis Code.

Power to amend Schedules

464. The Minister may by Order published in the Gazette amendthe Schedules.

General penalty

465. A person who commits an offence in contravention of anyprovision of this Code for which no penalty is provided is liable on summary conviction to a fine not exceeding five thousand dollars or to

imprisonment for a term not exceeding one year or to both.



891


Ticketable offences466. — (1) The Minister may prescribe a summary offence pursuant

to this Act provided for in the Regulations to be a ticketable offence.

(2) Regulations in which a ticketable offence is prescribed shallsubject to this section prescribe —

(a) the form of the ticket for the ticketable offence;

(b) the mode of service of the ticket;

(c) the amount of the pecuniary penalty which shall not be morethan one thousand dollars; and

(d ) the notice period which shall be a date not less than twentyeight days following the service of the ticket during whichthe prescribed pecuniary penalty must be paid.

(3)Where a police officer believes that a person has committed aticketable offence, the police officer may, in the prescribed mode,serve on that person a ticket in offering the opportunity to dischargeliability of conviction for the ticketable offence by payment to theDistrict Court of the prescribed pecuniary penalty.

(4) A person shall not be liable to be convicted of a ticketableoffence if the prescribed penalty is paid in accordance with this section

before the expiry of the prescribed notice period pursuant to subsection 2(d ).

(5) Where a person pays the prescribed pecuniary penalty in accordance with this section, the District Court shall accept the amount as and in complete satisfaction of any liability to conviction.

(6) In any proceedings, a certificate that payment of the prescribedpecuniary penalty was or was not paid to the District Court by a datespecified in the certificate shall, if the certificate purports to be signed

by the District Court be sufficient evidence of the facts stated unlessthe contrary is proved.

(7) A ticket pursuant to this section shall —

(a) specify the offence alleged;



892


(b) give such particulars of the offence as are necessary forgiving reasonable information of the allegation; and

(c) state the prescribed notice period during which proceedingswill not be taken for the offence, the amount of the prescribedpecuniary penalty and the address at which the prescribedpecuniary penalty is to be paid.

(8) Where a person is issued with a ticket pursuant to this section and fails to pay the amount specified in the ticket in accordance withthe requirements set in the ticket, the person liable to pay the prescribedpecuniary penalty shall attend the District Court on the date specifiedin the ticket for summary trial.





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SECOND SCHEDULE

(Section 97 )

Period of employment Minimum entitlement in respect of each twelve months period

Up to five years 14 working days

Exceeding five years 21 working days



895


THIRD SCHEDULE(Section 246)

NOTICE OF ACCIDENT CAUSING DISABLEMENT WHEREDISABLEMENT HAS CEASED

1. Name of employer_________________________________________________

2. Workplace and address of workplace ________________________________________________________________________________________________________________________________________________________________

3. Nature of business_________________________________________________

________________________________________________________________________________________________________________________________

4. Branch or department and exact place where accident occurred_________________________________________________________________________________________________________________________________________

5. Injured person’s-

(i) Surname_____________________________________________________(ii) Other names__________________________________________________(iii) Address _____________________________________________________(iv) Sex _________________________________________________________(v) Age at last birthday ____________________________________________(vi) Precise occupation ______________________________________________

6. Date and hour of accident_____________________________________________

7. Time injured person commenced work _________________________________

8. Nature of accident__________________________________________________________________________________________________________________________________________________________________________________

If caused by machinery–

(a) give name of machine and part causing accident ______________________________________________________________________________

(b) state whether machine was moved by mechanical power at the time of the accident _____________________________________________________________________________________________________________



896


9. Extent of disablement________________________________________________________________________________________________________________________________________________________________________________

10. Date disablement ceased _____________________________________________________________________________________________________________________________________________________________________________

Date: ________________________

_________________________________Signature of Employer





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FIFTH SCHEDULE

( Section 251 )

Regulations to be made pursuant to section 251

The purposes referred to in section 251 are as follows:

1. prohibiting the employment of, or modifying or limiting the period of employment of all persons or any class of persons in connection with anymanufacture, machinery, plant, process or description of labour certified

by the Department of Labour by notice published in the Gazette, to bedangerous;

2. prohibiting, limiting or controlling the use of any material or process;3. modifying or extending any special provision to any class of industrial

establishments;

4. for the purpose of ensuring the health or safety of persons who are employedin any industrial establishment or in connection with machinery or withany employment within the meaning of paragraph (a);

5. the safe means of approach or access to, and exit from, any industrialestablishment, or machinery;

6. the fencing and covering of all dangerous places or machines;

7. life saving and first aid appliances and first aid services to be provided byemployers;

8. safety measures in connection with all operations carried on in an industrialestablishment;

9. safety measures in connection with the use of cranes, winches, pulley blocks, and of all engines, machinery, mechanical gear and contrivancesgenerally;

10. the periodic inspection, testing and classification, according to age, typeor condition, of boilers, and for the issue and display of certificates in connection therewith, and for the regulation of the type of safety valves to

be fixed to any boiler and the maximum pressure at which boilers of anyage, type, class, or condition may be operated;

11. specifications of proper ventilation of any industrial establishment, havingregard to the nature of the process carried on therein;

12. the sanitation standards, including the provision of lavatory accommodation and sanitary conveniences (having regard to the number of workers employed)at any industrial establishment;



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13. the fees to be paid for the inspection or examination of any industrialestablishment or class of establishment and any machinery therein;

14. the forms and certificates to be used under Division 3 of Part IV;

15. the records and registers to be maintained;

16. the lifting or moving of loads by any woman or young person;

17. the appointment, powers, duties, and fees of medical inspectors;

18. the manner of medical supervision of employees;

19. occupations for the purposes of Division 3 of Part IV;

20. the contents of notices required to be displayed under Part IV;

21. any industry, workplace, employer or class of workplaces or employers forthe purposes;

22. criteria for exempting any workplace, industry, activity, business, work,trade, occupation, profession, employer or any class thereof from theapplication of a regulation or any provision thereof;

23. criteria for limiting or restricting the application of a regulation or anyprovision thereof to any workplace, industry, activity, business, work, trade,occupation, profession, employer or any class thereof;

24. criteria for exempting an employer from the provisions relating to ahazardous chemical and the compliance required thereunder;

25. any matter or article that is required or permitted to be regulated orprescribed;

26. any fees other than the fees referred to in paragraph 13;

27. the classes of workplace for which and circumstances under which acommittee shall consist of more than six persons and in each case prescribingthe number of persons;

28. the employers or workplaces or classes thereof for the purposes of section 192(1)(b);

29. the criteria for exempting any workplace, industry, activity, business, work,trade, occupation, profession, employer or any class thereof from theapplication of section 192(2);

30. the conditions for eligibility, qualifications, selection and term of committeemembers, and the operation of the committee;

31. measures regulating or prohibiting the installation or use of any machine,device or article or any class thereof;



900


32. the classes of employers who shall establish and maintain a medicalsurveillance program in which workers may volunteer to participate;

33. medical surveillance programs;

34. the reporting system by physicians and others of workers affected by anychemical, physical agent, or biological agent or combination thereof;

35. atmospheric conditions to which any worker may be exposed in a workplace;

36. the methods, standards or procedures for determining the amount,concentration or level of any atmospheric condition or any chemical, physicalagent, or biological agent or combination thereof in a workplace;

37. any chemical, physical agent, or biological agent or combination thereof

as a critical substance;38. the prohibition, regulation, restriction, limitation or control of the handling

of, exposure to, or the use and disposal of any critical substance;

39. the adoption of any code or standard and may require compliance with anysuch code or standard that is so adopted;

40. criteria for approving laboratories for the purpose of carrying out andperforming sampling, analyses, tests and examinations, and to certifyapproved laboratories;

41. training programmes that employers shall provide;

42. floor plans for the purposes of Part IV;

43. the forms and notices and providing for their use under Part IV;

44. building standards for industrial establishments;

45. the name or description of any chemical as a hazardous chemical, any biological agent as a hazardous biological agent, and any physical agent asa hazardous physical agent;

46. the criteria to be used by the Labour Commissioner to determine whetherinformation is confidential business information for purposes of section 206(1);

47. the instances under which an employer can be required to disclose to suchpersons as may be prescribed the source of toxicological data used by theemployer to prepare a chemical safety data sheet;

48. the format and contents of a chemical safety data sheet;

49. the intervals at which a safety and health representative or a committeemember shall inspect all or part of a workplace;



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50. the medical examinations and tests that an employee is required to undergoto ensure that the employee’s health will not affect his or her ability toperform his or her job in a manner that might endanger others;

51. criteria for declaring certain diseases to be occupational disease for thepurposes of Division 3 of Part IV;

52. the threshold quantity of a given hazardous substance or category of substances which, if exceeded, constitute a major hazard installation;

53. all other matters which the Minister may consider to be in any wayincidental to, connected with or conducive to the discharge of the provisionsof Division 3 of Part IV.



902


SIXTH SCHEDULE

(Section 339(1))

FEES

Fees

(1) For registering a trade union $500.00

(2) For registering an employers’ organization $500.00



903


SEVENTH SCHEDULE

[Section 340(2)]

CONSTITUTION OF TRADE UNION OR EMPLOYERS’ORGANIZATION

The constitution of every trade union and employers’ organization shall includethe following information-

(a) the name of the trade union or employers’ organization ;

(b) the objects of the trade union or employers’ organization ;

(c) the qualifications for membership;

(d) provision for the office-bearers in the trade union or employers’organization among whom shall be the president or chairperson, asecretary or general secretary and treasurer;

(e) provision for periodic elections to all offices and for the appointment of a temporary replacement if an office-holder becomes disqualifiedor incapacitated from holding office;

(f) provision for a general meeting open to all members, at least onceevery two years;

(g) a provision that any member or delegate may propose a resolution at a general meeting;

(h) the fees and other subscriptions payable, and the maximum period of arrears permitted before a member loses his or her good standing;

(i) the grounds on which an officer or member may be disciplined, fined,suspended or expelled from office or from membership, each ground

being specified;

(j) the procedure for suspension or expulsion from office or frommembership, including a provision that the affected officer or member

be fully informed in writing of the allegations against him or her,that he or she shall have a reasonable opportunity challenge theallegations and shall have the right of appeal;

(k) provision for the keeping of full and accurate records by the treasurer

or other appropriate officer, for the annual audit of those accounts byan auditor appointed by the trade union or employers’ organization who shall not be a member of that trade union or organization, andfor the availability to all members on request of full, audited annualstatements of account;



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(l) provision for the banking and investment of the trade unions oremployers’ organizations funds;

(m) provision for the paying out of the trade unions or employers’organizations funds, including the authority to sign cheques;

(n) the conditions under which a member may become entitled to anyfinancial benefit provided by the trade union or employers’organization;

(o) provision for amendment of the constitution;

(p) the duration of its financial year;

(q) the inspection of the register of members and other books of thetrade union or employers’ organization by its members;

(r) the manner of amalgamating with other trade unions or employers’organizations;

(s) the manner of dissolving the trade union or employers’ organization.



905


EIGHTH SCHEDULE

(Section 397 (1))

SERVICES SPECIFIED TO BE ESSENTIAL SERVICES

1. Any undertaking which generates and supplies electricity to the public

2. Telephone Services

3. Hospital Services

4. Any service undertaking the supply of water to the public

5. Public Health Services

6. Sanitation Services

7. Air Traffic Information and Aeronautical Information Services



906


NINTH SCHEDULE

(Section 2)

Article 6 of International Labour Organization Chemicals Convention

Article 6

CLASSIFICATION SYSTEMS

1. Systems and specific criteria appropriate for the classification of allchemicals according to the type and degree of their intrinsic health andphysical hazards and for assessing the relevance of the information required

to determine whether a chemical is hazardous shall be established by thecompetent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.

2. The hazardous properties of mixtures composed of two or more chemicalsmay be determined by assessments based on the intrinsic hazards of theircomponent chemicals.

3. In the case of transport, such systems and criteria shall take into account the United Nations Recommendations on the transport of dangerous goods.

4. The classification systems and their application shall be progressivelyextended.



907


TENTH SCHEDULE

Documents

Labour Code Ammended